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Records of the Baron Court of Stitchell, 



3 1924 017 145 503 



PUBLICATIONS 

OF THE 

SCOTTISH HISTORY SOCIETY 

VOLUME L 



RECORDS OF THE BARON COURT 
OF STITCHILL 



OCTOBEE 1905 



140773 

HECORDS OF 

THE BARON COURT OF 

STITCHILL 

1655-1807 

Transcribed by the late 

REV. GEORGE GUNN, M.A. 

MINISTER OF STITCHILL AND HUME 

and edited by 

CLEMENT B. GUNN, M.D. 




EDINBURGH 

Printed at the University Press by T. and A. Constable 

for the Scottish History Society 

1905 

Minne^ta SM. Library- 
St. Paul /^ 



fn- 



CONTENTS 



PAGE 



INTRODUCTION, . . . ix-xxxix 

THE MINUTES OF THE BARON COURT OF 

STITCHILL, 1-214 

APPENDICES— 

I. Crimes and Offences, . . -,-.,.N^ ,*^ . . 215 

II. Times of Meeting of the Baron's Court, 2l6 

III. List of Proper Names occurring in the Records of the 

Baron's Court, . . . .217 

IV. Some Archaic and Provincial Words occurring in the 

foregoing Minutes, . . . .219 

V. Prices of Chief Articles, . . 22 1 

VI. Barons, Ministers, and Schoolmasters during the Period 

included in the Records, .... 223 

VII. Some Notes on Members of the Pringle Family, 224 

VIII. The original Manuscript of the Baron Court Records 

and its Transcriber, .... 236 

INDEX, ....... 239 



INTRODUCTION 

These Minutes, begun two hundred and fifty years ago, 
extend from the eighth day of January 1655 in unbroken 
series to the twenty-first day of November 1807, a period 
of one hundred and fifty-two years. When they began, 
Cromwell was in his second year as Lord Protector of 
the Commonwealth of Great Britain and Ireland : they 
close just twelve years before the birth of Victoria, later 
the monarch of these realms. In 1655 Scotland was little 
better than a conquered province of England. The Lord 
Protector had dispensed with the services and co-operation 
of the Scots Parliament, of the Commission of Estates, and 
in matters ecclesiastical, of the General Assembly of the 
Church of Scotland. In the year previous to the opening 
of the Minutes, the Supreme Council of the Common- 
wealth of England had ratified its union with Scotland. 
This union, although coming to an end with the restoration 
of King Charles ii. in 1660, was not without some influence 
upon the social system in the country ; for by its means the 
feudal tyranny of the nobility was broken. The tenantry 
and commons enjoyed more domestic peace and tranquillity 
than had been their lot during the turbulent and disputa- 
tious times of Charles i. Two contemporary opinions of 
the state of Scotland during Cromwell's Protectorate are 
worth quoting, — opinions from widely varied sources, yet 
whose concurrent truthfulness may be accepted. Robert 
Baillie, one of the most eminent and perhaps the most 
moderate of all the Scottish Presbyterian clergy during the 
Civil War, says : ' Our State is in a very silent condition, 



X BARON COURT OF STITCHILL 

strong garrisons over all the land, and a great army of horse 
and foot, from 7000 to 9000 in number, for which there is 
no service at all. Our nobles lying in prison and under for- 
feitures or debts, private and public, are, for the most part, 
either broken or breaking.' 

The other opinion is that of Cromwell himself, the chief 
personage in the State. He had sent for both Houses of 
Parliament to come to him in Whitehall to the Banqueting 
House, and thus he addressed them : ' And hath Scotland 
been long settled ? Have not they a like sense of poverty .'' 
I speak plainly. In good earnest I do think the Scots 
nation have been under as great a suffering in point of 
livelihood and subsistence outwardly as any people I have 
yet named to you. I do think truly they are a very ruined 
nation. And yet, in a way (I have spoken with some 
gentlemen come from thence), hopeful enough ; it hath 
pleased God to give that plentiful encouragement to the 
meaner sort in Scotland. The meaner sort in Scotland live 
as well, and are as likely to come into as thriving a condition 
under your government as when they were under their own 
great lords who made them work for their living ' (Carlyle's 
Cromwell, vol. iii. p. 342). 

The foregoing brief glance at the political condition of 
Scotland at the time when these records begin helps more 
clearly to a realisation of the domestic condition of the 
country — a condition which, however, is actually brought 
before our very eyes in a singularly vivid manner by the 
manuscript under consideration, viz. ' The Minutes of the 
Baron Court holden at Stitchill Kirk by the Right Worthy 
Robert Pringle, of Stitchill, baron and heretable proprietor 
of the lands, parochin and barony of Stitchill.' 

To regulate the administration of justice, Cromwell set on 
foot a two-fold scheme. He appointed (1) a commission of 
four English and three Scottish judges to take the place of 



INTRODUCTION xi 

the Scots Court of Session, not only for hearing cases in 
Edinburgh, but also for the holding of circuit courts in the 
principal towns. With his second step this work is more 
especially connected. (2) By Act of Parliament it was pro- 
vided that in every parish each baron should resume his 
former jurisdiction, and hold a court of justice, and take 
cognisance of debts, promises, and trespass. The court 
officials registered their transactions in Minute-books. Those 
belonging to Stitchill have never previously been published. 
One series of such records, viz. the Baron Court Boole of Urie, 
was published by the Scottish History Society a few years ago. 
And now that work is supplemented with similar material 
afforded by the Cotirt Booh of the Barony of Stitchill. Those 
two reproductions, containing, as they do, the very essence of 
parochial and village legislation in the seventeenth and 
eighteenth centuries, the one in the north of Scotland in a 
seaboard parish, and the other in the far south in the agri- 
cultural midlands, supply between them accurate and interest- 
ing glimpses of the everyday life of the Scots villager at the 
extremes of the country, the former by sea and land, and 
the latter purely pastoral and agricultural. 

The jurisdiction of the Baron was powerful and wide- 
spread, and formed an essential feature of the feudal 
system. Introduced at an early period, feudalism flourished 
in Scotland until the fourteenth century, when various causes 
contributed to its decay ; and it received the death-blow by 
the abolition of heritable jurisdiction consequent upon the 
rising of 1745. The actual formula of the Baron's jurisdic- 
tion, contains a number of uncouth but archaic words : ' Soc, 
sac, pitt, gallows, toll, theme, infangthief, and outfangthief.' 
' Soc ' denotes the district included within the jurisdiction ; 
' sac ' means the right of judging in litigious suits ; ' toll ' 
implies exemption from duty, also the right to exact duty ; 
' theme ' indicates the Baron's right of declaring who were 



xii BARON COURT OF STITCHILL 

serfs and who were freemen ; ' infangthief ' means jurisdiction 
over a thief within the Baron's soc ; ' outfangthief ' refers to 
the right of extradition of a thief caught within the soc of 
another ; ' pit and gallows ' — furca et fossa — is the power of 
capital punishment, the pit being for the drowning of women, 
and the gallows for the hanging of men. 

Such was the parochial court re-established by the Lord 
Protector, though with greatly limited powers and lessened 
dignity. In fact it corresponded a good deal to the justice 
of peace system in England administered by the class whose 
feudal authority had been suppressed (Hill Burton, vol. vii. 
p. 320). 

The Baron Court with which this volume is more par- 
ticularly connected was that of the village, barony, and 
parish of Stitchill in Roxburghshire, three miles to the north 
of Kelso. The name Stitchill is the equivalent of uphill or 
uphall, and indicates that the parish occupies part of an 
upland slope, rising at last to eight hundred feet above the 
sea-level, to which the ruined fortalice of Hume Castle forms 
an imposing copestone. Its population and church member- 
ship both appear to have continued very much the same as at 
present during all those years. 

Stitchill at that time was in the centre of a disturbed 
district. It lies upon the highway to England, and midway 
between the castles of Hume and Roxburgh, almost within 
striking distance of Duns ; hence the villagers could not fail 
to be well acquainted with the main features of the 
Covenanting campaign. In fact, the religious tone of the 
villagers if inspired from the mansion-house was Covenanting. 
At Duns some had lain in arms for Christ's crown and 
Covenant. At Kelso they had witnessed the inglorious and 
disorderly retreat of Lord Holland and his troopers. Their 
own broken soldier, Thomas Whyte, military representative 
of Stitchill, returned to the village, wounded, from the battle 



INTRODUCTION xiii 

of Dunbar. And in the sight of every one occurred the 
very last act of the drama in vi^hich Hume Castle had a part 
acted out to the end. It may be read to-day in Carlyle's 
Cromwell, vol. ii. p. 244, thus: 'February 3rd, 1650. Letters 
that Colonel Fenwick summoned Hume Castle to be sur- 
rendered to General Cromwell. The Governor answered, 
" I know not Cromwell ; and as for my castle, it is built 
upon a rock." Whereupon Colonel Fenwick played upon 
him a little while with the great guns. But the Governor 
still would not yield ; nay, sent a letter couched in these 
singular terms : — 

"I, William of the Wastle, 
Am now in my castle ; 
And a' the dogs in the town 
Shanna gar me go down." 

This frolicking humour stood Willie Wastle in no good 
stead. War is too tragic. So the mortars were opened 
upon him, which " gar him gang down." ' 

The population of Stitchill, as of other Lowland villages, 
was purely agricultural and pastoral. Farmers, cottars, and 
the small shopkeepers in the village held land from the laird 
only, and paid their rents in the three ways — money, service, 
hind. Farmers held, their farms only from crop to crop. 
There were no leases, and they might be removed at the 
landlord's will. In addition to the rents, the Baron sitting 
in judgment decerned the parochial burdens for the ensuing 
half-year. One such order refers to the education rate of that 
day. He statutes and ordains his haill tenants to pay pro- 
portionally to James Lennox, schoolmaster, 20s. Scots money 
during his service, and authorises his Baron officer to poind 
and distrain any who fail therefor. Again, the assessment 
is on behalf of the Beddall, the indispensable village tyrant, 
to whom in those days minister, manse, and parish owed 
some importance. For the ringing of the great bell at four 



xiv BARON COURT OF STITCHILL 

hours in the morning and at eight at night, each big house 
is to pay him twelvepence yearly. There is also a military 
rate. It is found that four indwellers were liable in £&^ 
Scots money, ' ilk ane of them for their own partes with the 
interest of the principal sum for the out-reiking ane soldier 
for the parish of Stitchill.' And as mentioned above, 
when their soldier returned from Dunbar battle, the haill 
tenants are stented in payment of 6&10 Scots money 'for 
relief of his wounds, being sent for the whole barony.' In 
this connection one may note that it was one of Oliver 
Cromwell's first acts to sweep away the feudal system in 
Scotland which had entitled the territorial chiefs to the 
military attendance of their vassals, ' that all and every the 
heritors and persons aforesaid and their heirs are and shall 
be forever hereafter freed and discharged of and from all 
military service and personal attendance upon any their 
lords and superiors in expeditions or travels and of all 
casualties of wards and lands formerly held by the king and 
other superiors' (Hill Burton, pp. vii, Ixxv, 316, 317, 
318, Appendix, xxvii ; Bruce's Report on the Union, 
p. ccx ; and in Scobell's Collection). Still, it is only fair to 
the memory of James ii. to state that in 1450 he permitted 
lands to be let in feu without the obligation of military 
service. This step of Cromwell's was one in the direction of 
the policy pursued by him of allowing the people to carry 
on their industries undisturbed and unmolested (Ross, 
p. 121). This, however, is a digression begotten of those 
examples of the monetary burdens, the education rate, and 
the military rate. Other examples occur constantly through- 
out the Records ; such, for instance, as the halfpenny rate 
imposed upon every tenant at the meeting of the Baron 
Court, etc. 

The burden of payment in kind occurs most commonly in 
that form of rent called kain or kayne, when the tenant con- 



INTRODUCTION xv 

tributed to the laird's pantry annually one or more fowls or 
hens as part of his rent, a custom still maintained in that 
part of the country. The payment of teinds or tithes was 
another example, and one fruitful of perennial ill-feeling 
between the parishioners and the minister or the laird. The 
minister on his part might delay teinding until the weather 
was breaking, with the crops lying out exposed to all risks. 
The parishioner, on the other hand, with the skill of years of 
practice, could so arrange that every tenth sheaf, by the most 
curious mischance, proved to be the thinnest and poorest ! 
Fruitful sources of irritation betwixt parson and parishioner. 
How much more so when they happened to be Episcopalian 
and Covenanter, or vice versa ! 

The third burden upon the tenant was that of service; 
which service varied according to different purposes — to 
furnish a sufficient worker day about for carrying out the 
rubbish accumulated in the kirkyard, under a penalty of £5 
Scots ; or it was the reparation of the kirk itself, and included 
the furnishing of the barrows, riddles, and other necessaries 
for the work. 

But perhaps the burden most grievous of all, and one 
fruitful of constant irritation to every one within the barony, 
was that of thirlage to a particular mill. This was called 
the service of the sucken. Every thirteenth peck of meal 
ground at the mill went to the miller under the name of 
multure, in addition to multure dues to the baron, and lesser 
dues to the miller's man, under the name of knaveship. And 
so great was the profit from those multures to the baron and 
to the miller, that Act after Act was passed ordaining the 
tenants to confine all their grinding to the mill of the 
barony. The handmill of the cottar against the water-mill 
of the landlord strove for centuries back, away before the 
days even when the monks of St. Albans sallied forth and, 
after capturing the handmills of their vassals, paved the floor 



xvi BARON COURT OF STITCHILL 

of their refectory with them. Here, for instance, is a refer- 
ence in the beginning of the year of the Restoration : 
' The which day the said Judge taking into his serious con- 
sideration what loss and prejudice the possessor of the Mill 
of Stitchill entertains by the people of this Barony who buy 
their bread for penny Bridals in the market, and do not 
grind their bridal wheat at the said Mill, so that therby they 
are partly unable to pay the tack duties yearly rent for the 
said Mill use and wont. Therefore it is enacted and by these 
presents statute and ordained, that all makers of common 
Bridals, also Ale-brewers, as others within the Barony, shall 
grind the haill wheat which they shall happen to make use 
of at the said Bridal, at the Mill of Stitchill, and pay Mill- 
duties therefor use and wont ; and that none within this 
Barony buy bread in the market under the pain of d&lO for 
each fault without modification.'' 

And later, the laird further decreed that no bride dwelling 
within this barony shall make her bridal outside this parish 
wheresoever the bridegroom shall happen to dwell, for the 
benefit of the mill-duties on the malt and wheat, under a fine 
of £20. Poor James Macdowell ! His bride's taste for the 
fancy bread of Kelso cost him £1 to the laird and double 
multure to the miller, or ten shillings. 

Another curious feature of the sucken was the bringing 
home of the millstones. In a parish where roads were few 
and rough, this was an operation of danger and difficulty. 
So the simplest arrangement was to thrust a young tree 
through the hole of the millstone, and the parishioners in 
turn wheeled it along upon its edge, so as to avoid injury to 
the grinding surface. Even the widow of James Campbell 
was ordered to pay £3 as her share of the expense. 

Other burdens of service were ditching, diking, enclosing, 
planting trees for the laird, and casting the mill-lade for the 
common enemy the miller. The penalty for cutting a tree 



INTRODUCTION xvii 

, was £1 0, one half of which was to go to the poor. It came 

rather hard, however, on the poor when the factor forgot this 

recommendation and appropriated the whole of the £10, 

which was George Hamilton's fine for cutting an ash-tree 

belonging to the laird. One recalls the old rhyme : — 

' Oak, ash, and elm-tree. 
The laird may hang for all the thi-ee ; 
But for saugh, and bitterweed. 
The laird may flyte, but mak naething by 't.' 

— RoQERs, ii. 46. 

And with the tenants, so with the cottars. They too paid 

their rents in money, kind, and service. Isobel Johnstone 

paid in rent £S and four kayne hens. Another cottar in 

name of partial rent must bring ten loads of coal from 

England to the laird and four to the lady dowager. For the 

pasture of a horse on the Hall hill one load of coals must 

be carried. And when the East Loch was drained, a call 

was made upon the cottars to furnish the labour required. 

The Baron Court Book contains many such references, of 

which the foregoing are but examples. 

And now, coming to consider the condition of agriculture 
at this epoch of the Commonwealth and after; where then 
did the farmer's gains come from ? Hardly from the land. 
The Border forays of the past centuries ; the frequent march- 
ings of troops to and from English soil ; of Highlanders and 
Lowlanders ; of English Independents and Scottish Presby- 
terians ; of Border reivers and English mosstroopers, all 
hindered agriculture from becoming a thriving branch of 
industry. 

One army destroyed the labour of many years. Farmers 
had to be content if they succeeded in producing the house- 
hold supply. The lands were wrought on the principle of 
infield and outfield. Infield meant one-fourth of the farm 
lying nearest the house ; this was fairly well fertilised. 
Women carried everything that was required to the fields in 

b 



xviii BARON COURT OF STITCHILL 

creels, and indeed acted as pack-horses in carrying grain, hay, 
and manure, often long distances. The outfield consisted of 
the remaining three-fourths of the farm, which lay further 
distant and yielded crops of inferior quality. After being 
pastured for seven or eight years, it was then ploughed, and 
a crop or two of oats taken ofF. In hard or clay soils eight 
oxen were yoked together to drag a single wooden plough, 
and from four to six persons were required to conduct it : two 
led the oxen, one held the stilts, one cleared the mould-board, 
and one regulated the breadth of the furrow by means of a 
long pole attached to the plough by an iron hook. The 
swing plough was introduced only in 1763, Generally 
speaking, these were bad times, times of poor crops, wretched 
weather, and prevailing dearth and poverty. Bere cost £20 
Scots per boll, equal to £1, 13s. 4d. In 1657 the price was 
£5, 8s. 4d. Oats brought five merks per boll. The pint of 
ale cost four or six shillings according to quality, equal to 
fourpence or sixpence sterling. A boll of wheat, pease, or 
rye contained ten pecks per boll. Oats and barley contained 
fifteen pecks per boll. Oatmeal measured six bushels to the 
boll, equal to 140 lbs. avoir. A ploughgate of land was 
equal to 104 acres, which eight oxen could plough in one 
year. It was similar to a hide or carucate in England, 
which amounted to 120 acres. A davoch was equal to four 
ploughgates. 

With regard to the feeding of sheep and cows, there was 
nothing to eke out the pasture; turnips, potatoes, and the better 
kinds of grass being introduced and utilised a full hundred years 
after this, in 1747. The sheep were small and their flesh 
hard for those who had to eat it ; ' the mutton live to a 
greater age than elsewhere by reason of the salubrity of the 
air and the wholesome dry feeding, and are indeed the greatest 
merchant-commodity that brings money to the place, with 
their produce of lambs, wools, skins, butter, and cheese.' 



INTRODUCTION xix 

From the Baron Court Records one may get a good idea of 
the purchasing power of £\ 00 Scots : Alexander Lowrie 
will sell six dinmonts and ewes for ^£"8, 6s. 8d.; John Smith's 
price for one ox is d&lS, 10s. ; William Courtney's two cows 
cost d&Sl ; Isobel Ormiston's calf cost ^Sll, 14s. ; John Wood 
bought a mare for £26 ; John Brattison will erect a peatstack 
for ■£'4. The sum-total of the above amounts to all but ^flOO 
Scots or £8, 6s. 8d. sterling. ' This country affordeth also store 
of neat hide and sheep skins and great plenty of wool, which 
is carried to foreign nations, so that the cold eastern countries 
bless this happy soil, being warmed with the fleeces of their 
sheep. It aftbrdeth also great plenty of well-spun worset, 
which is sold and carried for the most part to foreign nations ' 
(Russell's Yarrow, p. 74). 

The remaining lands and meadows of each district were 
possessed and laboured in different parts by the poorer 
cottars, under the authority of the laird or his bailie. They 
had equal rights with one another to the woodlands, the 
peat-mosses, the large ranges of common, and forest-land, 
which furnished eldin or fuel to them gratis, where pigs and 
geese might range, and the cows might feed, herded by the 
small boys of the village. 

In addition to the agricultural population, consisting of 
farmers and cottars, there were the tradesmen necessary to 
their existence : the blacksmith, to whom was paid a tax 
called ' sharping corn,' who kept the ploughshares and reap- 
ing-hooks in order ; the joiner; the cordiner, who made shoes; 
the brewer, who made and sold ale ; the carrier to Edinburgh 
and the north of England ; and the general merchant. And, 
in addition, the chapman, who traded by barter, accepting 
poultry, butter, cheese, and eggs in return for the manu- 
factured commodities of the town, was ever a welcome visitor 
with his pack to tempt the goodwives, and his political gossip 
for their husbands. 



XX BARON COURT OF STITCHILL 

Their dwellings were of a temporary nature. As an Eng- 
lish tourist relatedj 'the houses are mouse-holes of mud, 
covered in with heath and thatch which, when dry, makes 
excellent fuel.' There was but one apartment, with no 
chimneys, with unglazed boles for windows, and a fire of 
wood in the middle of the floor. 

The usual dress of the working people was made of a plain 
coarse woollen cloth called hodden grey. It had been spun 
at home bv the industrious wives from the washed but undyed 
wool. The maud, or shepherd's plaid, and the blue bonnet 
marked the peasant's dress. If he wore shoes, they were made 
of neafs leather, fastened with brass buckles. In spite of the 
prevailing poverty, the commons liked to dress well, especially 
on Sundays. John Ray, the naturalist, was so struck by this 
marked difference between the Lowland labourer in his work 
and in his dress, that he wrote : ' They lay out most they are 
worth in clothes, and a fellow that hath scarce ten groats 
besides to help himself with, you shall see him come out of 
his smoky cottage clad like a gentleman.' This love of dis- 
play was prevalent. In the Complaynt of Scotland one may 
read that, ' ane man is nocht repute for a gentleman in Scot- 
land but gyf he mak mair expenses on his horse and doggis 
nor he does on his wyfe and bairns"" (Ross, p. 283). This fond- 
ness for apparel attracted even the attention of Parliament 
and of the General Assembly of the Church ; and those two 
bodies tried in vain to regulate it, as indeed James n. had 
attempted two hundred years earlier. Burgesses and peasantry, 
men, their wives and daughters, were to be restrained in their 
extravagance. Dress, coats, and cloaks were to be composed 
of materials suited to the wearers' ranks. It was enacted 
that nobles only were to wear golden or silver lacings, velvets, 
satiiis, or silks ; no man of lower rank to do so except at 
a penalty of £1000 Scots. Servants were restricted to 
fustian, canvas, or other stuffs produced within the kingdom. 



INTRODUCTION xxi 

Scant grace was shown to weddings. One of the Stitchill 
Records expressly certifies that neither bride nor bridegroom, 
their friends nor guests, shall make above two changes on 
that occasion, under a fine if they be craftsmen or servants, 
not exceeding a hundred merks. Clothing was often made a 
consideration in completing a bargain. Thomas Hoggarth 
for his services got i&ll, 4s. Scots, with a harden shirt of 
coarse tweeled linen, a suit of old clothes, and two pairs of 
hose. John Crottar for a half-year got £5 for fee, twelve 
shillings for shoes, and twenty-four shillings for new hose. 
Hose was a species of pantaloons fitting closely to the limbs, 
and attached to the waistcoat by strings or laces tipped with; 
metal points. William Moffat is decerned to pay to James 
Alexander for fee to his nephew, ^£"4, 13s. 4d., with a pair of' 
old hose, or 8d. for the price. A woman's wage for the 
summer months was £4 Scots, often with a bountith of a 
pair of shoes and the privilege of sowing a little lint. Other 
examples of wages are : three shillings for one day's thresh- 
ing ; also one shilling and fourpence for a day's spinning. 
One shilling Scots was equal to the modern penny ; £1 Scots. 
represented one shilling and eightpence of our money ; and 
^100 Scots would mean ,£8,' 6s. 8d., to-day. 

Beef was sold at twopence per pound ; mutton at three 
halffience per pound of seventeen and a half ounces; and. 
cheese brought only threepence or fourpence a pound of. 
twenty-four ounces. In general the common food was brose^ 
oatmeal moistened with hot water and seasoned with salt. 
Each meal was the repetition of its predecessor, and the 
cooking process was simple. 

The greatest social evil in Scotland, and the keenest 
reproach to her clergy, was the existence and prevalence of 
the vagrant poor, without any corresponding and adequate 
method of granting them relief. In. vain did Parliament- 
order the arrest of all vagabonds, sturdy beggars, and gipsies,/ 



xxii BARON COURT OF STITCHILL 

such as made themselves fools and bards, and such who sleep 
all day and walk by night. In vain did the Church distri- 
bute her sacramental monies and the contents of the poor- 
box, distinguishing between the respectable, unfortunate poor, 
and the profane, drunken, debauched sort. In vain did the 
Baron forbid his tenants to relieve, to house, or give them 
money, save at the risk of the burden of their continued 
maintenance. The poor continued to exist throughout the 
land. The gaberlunzie, the bluegown or the king's man, 
such as Edie Ochiltree, whose figure must have been familiar 
to the Stitchill wives and weans, ere he earned his repose in 
the churchyard of Roxburgh, the village idiot and the village 
pooi;, were loyally looked after. But the sturdy, vaguing 
beggar who would neither work nor want was a constant 
menace to the cottar and villager, and an unsolved problem 
to the kirk-session and the Baron Court. 

Concerning another phase of Border life, there were not 
wanting in those days manifestations of the old daring spirit 
of their marauding forebears, who, like the Graemes, found 
the beeves ■ that make their broth in Scotland and in 
England both. The iron hand of Cromwell rested too 
heavily upon the nobles to permit either of forays or of their 
keeping the crown o' the causey, yet their tenantry would 
not be withheld from their love of sport and fairplay. The 
old wild spirit still broke out at fairs and trysts, at New Year 
time, and on Sabbath days when business or worship was 
combined with the breaking of heads, and conviviality 
mingled with the bruising of limbs. But there was a day 
of reckoning ; not of the ' rug and rive ' kind, not with the 
ready lance of the old reiver, but in a place where the blood 
ran cooler, and where even-handed justice was meted out. 
The Baron and his fine, the stocks and the jougs at the kirk 
door, and the still more dreaded pit and gallows, wrought no 
weak nor ineffective vindication. So when in the Stitchill 



INTRODUCTION xxiii 

Baron Court George French confessed that he * committed 
blood ' upon his servant Thomas Quhigginhall with only his 
hand, and no military weapon, he was fined £^4i Scots. 
Again, when James Lambie and George French junior fell 
out, as lads have a knack of doing, James had to pay a fine 
of £5 or to go into the stocks at the kirk door during the 
pleasure of the laird. Then for their riot and profanation 
of the Sabbath, when two men in an inhuman and unchristian 
manner beat and struck one another in several parts of the 
body to the effusion of their blood in great quantity, they 
had to pay ^fSO, and find caution for a hundred merks for 
their future good behaviour. Still, the calendar of crimes in 
the Baron's Court was light during all those hundred and 
fifty years. Small debt cases, trespass, and assaults comprise 
most of it. A tendency to detraction prevailed throughout, 
since this was the only weapon which the feeble might urge 
against the strong. Kirk and kirk-session. Baron Courts and 
Parliament, contended vigorously against it. For instance, 
three women were decerned to pay to the kirk-session towards 
pious uses, ilk ane of them, twenty shillings for slander. 
Another confessed that a certain man did steal her hen and 
make use of it, but could not sustain her charge by probation, 
for which she was ordained to stand in the stocks and pay 
unlaw by and attour the kirk censure. Isobel Turnbull may 
scold for forty pence ; John Hoggarth's opprobrious speeches 
cost him thirty shillings. John French, for scandalling of 
James Dawson wrongously, in calling him thief and knave, 
paid a fine of £5 by and attour the kirk censure. Such 
were the crimes of lesser degree which characterised village life 
in the seventeenth and eighteenth centuries. But during the 
same period in Edinburgh, Leith, and other large towns, 
crimes of great magnitude were rampant, for which ' there 
was daily scourging, hanging, nailing of lugs, and binding of 
people at the Tron, and boring of tongues.' And curiously 



xxiv BARON COURT OF STITCHILL 

enough, as regards drunkenness, the national vice, one may 
read of two cases only in the Baron Court Minutes for one 
hundred and fifty years ! There may, indeed must, have been 
others, private tipplers who did not come to the front ; but 
of these there is no proof. And one cannot but infer that j 
the extreme and rigorous discipline then prevailing in Stitchill 
was an influence on the side of goodness and morality. And | 
the laird was not slow to let his power be felt. Talking 
in the official language of the Acts of Parliament, on 
August 18, 1655, one finds, 'The said Judge taking to his 
serious consideration the great disorders and abuse within 
this Barony by excessive drunkenness, scandal, sensuality,' 
mocking of piety, and such other heinous and God-provoking 
sins and offences, therefore, conform to an Act of Parliament 
made at Perth upon the 7th day of August 1645 years, and 
ratified by another Act of Parliament, of date 13th February 
1649 years, do statute, enact, decern, and ordain that none 
within this Barony and Jurisdiction drink excessively, nor be 
sensibly drunk, nor be known to be drunk, nor use filthy nor 
scurrilous speeches, and that none mock at piety under the: 
pain of ten shillings Scots. It is statute that none curse, 
swear, nor blaspheme, under the pain of ten shillings Scots.''' 
' Scotland was in bad enough condition, but it was not Pan- 
demonium ; not a scene of rapine, hatred, and universal 
anarchy. The great mass of the people went about their 
daily work with more or less content. Fields were ploughed 
and harvests gathered^ crafts were followed, houses bought 
and sold, churches, castles, and cottages were built, schools, 
quietly busy, knowledge spreading, religion deepening, and 
intellectual culture ennobled life' (Ross, p. 291). 

The Baron thus believed in keeping men sober by the 
Acts of his Court ; and he indirectly strengthened those' 
efforts towards a stronger morality by an insistence on com- 
pulsory education. In this he was much in advance of his, 



INTRODUCTION xxv 

times, although he was but following in the policy of John 
Knox of a hundred years earlier. The Baron put parents 
under a ten-pound penalty who failed to educate their 
children. He forbade a daughter to attend the sewing- 
school until she had been two full years at the public, 
school. And on October 20, 1688, the judge, 'sitting 
in judgment anent a complaint given in by the school- 
master, which the said judge taking into consideration, 
enacts, statutes, and ordains the haill tenants within the, 
said barony, who have children capable to learti, to send 
their children to the public school between thisand Tuesday; 
next under the pain of ten pounds Scots for each failure. 
And that none of the said tenants or cottars that have) 
daughters shall send them to any sewing-school within the, 
barony, until they have had two full years reading at the 
said public school under the penalty foresaid of ten pounds.'. 
Towards the teaching of poor scholars, the Baron granted a 
small additional fee to the schoolmaster. 

Passing now from matters educational to those ecclesiastical, 
it is found that the Baron in like manner supported the dis- 
cipline of the Church. And this may have been all the more 
public-spirited of him, seeing that the tradition of his 
House was markedly Covenanting, while at the period under 
consideration, the Church of Scotland was at the beginping 
of her second Episcopacy. Although the Church was how 
in possession of her highest power, and exercised an un-; 
limited authority over the religious practice and professions 
of the community, still she owned a number of black sheep, 
people who were recalcitrant and tried to evade her 
discipline. ' 1660, November 26 :— The said Baron taking 
into his serious consideration how great necessity church 
discipline of this parish has of the assistance and concurrence 
of the civil magistrate and help of his authority interponed 
thereto, and how necessary the same is for the thriving of 



xxvi BARON COURT OF STITCHILL 

religion within this parish ; therefore the said Baron hereby 
judicially decerns and ordains his ordinary officer of the 
barony to put into execution all acts and decrees of the kirk- 
session against all persons whomsoever within this barony, 
and poind for all penalties and fines to be imposed by them, 
and take the extract of the kirk-session for his warrant.' 

It would seem from the frequent repetition of such 
minutes as those, that the minister and kirk-session, with the 
assistance of the Baron, did their best to enforce the obser- 
vance of the Decalogue. Their penitents underwent a 
severe and rigid discipline which sounds nowadays harsh 
and out of place. The Church had great faith in the power 
of shame ; so the stocks and the jougs, the cutty-stool and 
the fine, were the instruments employed for reforming the 
manners of the age. ' The Session decreed that if she so 
offended a second time, her craig be put in the jougs.' The 
minister of Stitchill was quite abreast of the times, and did 
not fall under the censure of the presbytery as did a neigh- 
bouring one, neither having sackcloth in store for penitents, 
nor yet an hour-glass to see that the sermon was of the 
proper duration. At the invasion of Cromwell in 1650 his 
soldiers beheld with surprise and disgust. Independent and 
Puritan though they were, the degrading sentences inflicted 
by the Church for offences which they deemed utterly 
trivial ; and in a burst of rage they swept away repentance- 
stools, jougs, and sackcloth habits. The kirk-session of Stow, 
among others, resolved to pause in the exercise of discipline 
till the latitudinarian strangers had returned to their 
English homes. The Rev. David Starke was minister of 
Stitchill at the time. One cannot tell now whether, in 
the language of the time, he was a ' very gracious young 
man.' It is known, however, that when two years later 
prelacy was introduced, he conformed and remained in office 
as minister of Stitchill. 



INTRODUCTION xxvii 

Rae, the English naturalist, describes the public worship 

in the Church of Scotland in 1661. He says : ' The minister 

in Scotland in the public worship doth not shift places out 

of the desk into the pulpit as in England ; but at the first 

coming he ascends the pulpit. They commonly begin their 

worship with a psalm before the minister comes in, who, 

after the psalm is finished, prayeth, and then reads, and 

expounds in some places, in some not ; then another psalm 

is sung, and after that, their minister prays again, and 

preacheth as in England.' The worshippers had stools and 

chairs for their own use, which they removed or left at 

pleasure. In some churches the women were forbidden to 

sit upon the forms which men should occupy, and were made 

to sit together. During sermon the people usually sat with 

their hats on, and at times even applauded the preacher. 

During prayers the congregation observed an outward 

reverence ; kneeling being the common posture. After the 

coup associated with Jenny Geddes, the clergy gave up the 

habit of reading their prayers (1638). Twice a day the 

Covenanting Army of 20,000 men, encamped on Duns 

Law in 1639, knelt simultaneously at prayer. In the times 

of which we are speaking, the extreme party, developing into 

Protesters, were favoured by Cromwell, and by their spirit, 

and also by the course they pursued, rent the Church in 

pieces, and materially assisted the restoration of Episcopacy 

in 1662, and drove many into conformity with it who had 

previously imperilled life and fortune for its overthrow a 

quarter of a century before. The Resolutioners were those 

occupying the middle way, standing between Popish and 

Prelatical polity ; and some of them, like Dickson and 

Baillie, died of broken hearts as they perceived the one 

extreme pave the way inevitably for the other (Sprot and 

Leishman's Common Order). 

In connection with the church of such a parish as 



xxviii BARON COURT OF STITCHILL 

Stitchill, there were two points which call for notice — the 
stress laid upon the sermon as opposed to divine worship, 
and the frequency of fast-days. Long sermons were then 
in the heyday of their glory; long prayers were more 
notable for their doctrine than for their devotion. Bishop 
Burnet, of a date a little later, probably with a spark of 
exaggeration, says, ' The grace before and after meat they 
sometimes carried to the length of a whole hour.'' In the 
sermon, ' all that passed in Church and State was freely can- 
vassed. Men were as good as named, and either recom- 
mended to, or complained of, to God, as they were, or were 
not, of the same party as the preacher. The pulpit was 
a scene of news and passion.' The sermons were really, 
however, abreast of the times. In them the preacher gave 
the latest intelligence, and criticised the actings of all in 
power. The sermon took the place of the daily newspaper, 
and the preacher the place of the leading article. The 
technical name for it was ' bearing testimony.' In Old 
Mortality, Mause Headrigg exclaims, 'And I say that, wi' 
this auld breath o' mine, and it 's sair ta'en down wi' the 
asthmatics and this rough trot, - wi' this auld and brief 
breath will I testify against the backslidings, defections,' 
defalcations, and declinings of the land, against the grievances 
and causes o' wrath.' Bearing testimony . supplanted the 
simple Gospel in those days. 

The clergymen's influence, too, often tended to intensify 
the divisive fervour of contention, rather than to promote 
moderation or wise forbearance. When Cromwell was in 
Glasgow in 1650, and went soberly to church, we read that; 
Mr.. Zachary Boyd railed in his face from the pulpit of 
the • cathedral. Little wonder, that the Protector did noti 
relish that pulpit style ; that on September 9, 1650, he^ 
wrote to the Governor of Edinburgh Castle, granting free 
liberty to ministers to preach, 'but not to rail, nor under 



INTRODUCTION xxix 

pretence thereof to overtop the civil power or debase it as 
they please.' 

Fast-days afforded an outlet to the expression of the 
religious feeling of that age. General Assemblies enjoined 
their frequent observance; and presbyteries and kirk-sessions 
loyally multiplied them in their own bounds. A succes- 
sion of stormy winters, of bad harvests, of dear provisions, 
all on the one hand; rapid defeats of their arms on 
all sides, the overthrow of the General Assembly, and the 
diminution of the power of the Church contrasted with 
the conspicuous evils of the country at large, turned the 
attention of men in extremity towards days of fasting, humilia- 
tion, and prayer. ' Atheism and ignorance of God, His Word 
and works ; looseness and horrible profanity in conversation ; 
despising and slighting of Jesus Christ, His word and ordin- 
ances ; neglect of family worship, covetousness, usury ; not 
renewing the Covenant ; defection from the Covenant ; im- 
penitency.' Such, in the exaggerated religious feeling of the 
stricter party, were the national sins of the time. And on 
their account fast-days were strictly enforced, as a nation's 
cry to God to avert His righteous judgments. The people 
had the heart and the honesty to acknowledge their crying 
sins, and were terribly in earnest. The same perfervid 
religious zeal which had led the grandsires of those men to 
endow monasteries, and confer privileges and lands on the 
monastic orders, that in turn led their fathers to the refor- 
mation of the Church, still burned within their breasts, made 
them ' not vulgar -ranters, or hollow hypocrites, but men 
terribly in earnest, wrestling with God for the salvation of 
their country and their Church.' Names conspicuous for 
their zeal in the merit-roll of the Covenanters in the thirty 
years succeeding the opening of the Stitchill Records, show that 
' at this age of unparalleled corruption and moral depravity, 
lived men, heroic, religious, and devoted, who, in the words of 



XXX BARON COURT OP STITCHILL 

their Covenant, endeavoured to be good examples to others in 
all godliness, soberness, and righteousness, and of every duty 
we owe to God and man.' The Kers, Pringles, Elliotts, Scotts, 
Riddels, Inneses, all ancient and renowned Border names, were 
in full sympathy with the principles of the Covenant, and 
exerted an undying influence on those living upon their 
estates. The memory of the heroic Henry Hall of Haugh- 
head, of Sir Patrick Home of Polwarth and of Richard 
Cameron, of Donald Cargill and of Alexander Peden amongst 
the ministers, the memory of their patriotism, of their public 
spirit and loyalty to their religious convictions, is what we 
would not willingly let fade. But at the time of which these 
Records treat, they were in the very flower of their lives, 
exercising a powerful influence on the lives of the Border 
people. A famous name associated not only with the con- 
joined parishes of Stitchill and Hume at that time, but well 
known also as far up Tweed as Peebles and on to Lanarkshire, 
was that of William Veitch, For twenty years he was an 
outcast, preaching, harried and hunted during all that time 
from the Scottish to the English Border and vice versa. 
About 1676 he is mentioned as meeting at Hume with the 
field-preachers and country gentlemen, who were sentenced to 
be fined heavily if they permitted conventicles to be held on 
their estates. He frequently also conducted the celebrated 
conventicle at the Blue Cairn, between the Gala and the 
Leader, which after several years was removed to Fogo Moor. 
But it proved to be both the first and the last day of having 
a field meeting at that place, for on that very evening several 
troops both of horse and foot, coming from Haddington through 
the Lammermuirs, scoured the parishes of Gordon and Hume 
in search of Veitch. He escaped at the time, although the 
troopers passed the very place of his concealment, the house 
of Queenscairn in Stitchill, where the dowager Lady of Stitchill 
was residing. This brave Scots gentlewoman was the mother 



INTRODUCTION xxxi 

of that militant Covenanter, Walter Pringle of Greenknow, 
second son of the laird of Stitchill, who shaved the perils, the 
fightings, and the persecutions of those killing times. The 
tone of the lairds of Stitchill, when the Records open, was 
markedly Covenanting ; it became a tradition of the familv ; 
and at a later date the head of the family originated the 
Secession (1732) in the parish from the Church of 
Scotland. 

Among the farmers, tenantry, and cottars of the parish of 
Stitchill one does not meet with any Covenanters, although 
some there must have been who attended the conventicles. 
Perhaps the spirit that induced their minister, Mr. Starke, to 
conform to Episcopacy leavened them also, and they silently 
accepted the new order in the Church, Perhaps, too, the 
influence of the Earl of Home, a zealous royalist, the chief 
territorial magnate of the district, eclipsed the natural in- 
fluence of the Pringles of Stitchill, and prevented both minister 
and people from acting otherwise than they did. One cannot 
tell now ; but from the Records of that date one may infer 
that the minister, whether as Presbyterian or Episcopalian, 
satisfied the spiritual feeling and craving of the people by his 
ministrations. 

Passing now to lighter matters, how did the cottars pass 
their leisure ? From the Record of the last day of January 
1658 we learn that the great bell summoned them at four in 
the morning, and that evidently in the depth of winter, and 
. again it rang them to rest at eight in the evening. This 
latter was a survival of the evensong bell of the Roman 
Catholic phase of the Church : — 

' This battell began in Chyviot, 
An hour before the none. 
And when the evensong bell was rung. 
The battell was not half done.' 

The following lines of a diflferent character give an idea of 



xxxii BARON COURT OF STITCHILL 

some of the methods in which the cottars of Stitchill passed 

the time : — 

' On a winter's night my grannum spinnin' 
To mak a web o' gude Scots linen, 
Her stool being placed next to the chimley, 
For she was auld and saw richt dimly. 
My luckydad an honest Whig 
Was telling tales of Bothwell Brig ; 
He could not miss to mind th' attempt. 
For he was sittin' pu'in' hemp. 
My aunt, whom nana dare say has no grace. 
Was readin' in the Pilgrim's Progress ; 
The meikle tasker Davie Dallas 
Was telling blads o' William Wallace. 
My mither bade her second son say 
What he 'd by heart o' Davie Lindesay. 
Our herd whom a' folk hate that knows him. 
Was busy huntin' in his bosom. 
The bairns and oyes are a' within doors. 
The youngest o' us chewing cinders. 
And all the auld anes telling wonders.' 

Regarding the literature available to the commons of Scot- 
land, a list has been left for our information by the author of 
the Complaynt of Scotland, referring to the period a century 
previous to the opening of the Records of Stitchill. There 
are fifty works in all, including the Chronicles of the Lives of 
the Saints, Chaucer, Barbour's Bricce, Blind Harry's Wallace, 
Mandeville's Travels, Douglas's Palace of Honour, Dunbar's 
Golden Targe, etc. The names of some of their songs are 
also given, and include some known to ourselves and others 
not now recognisable : ' Pastance with gude companye,' said 
to have been by King Henry viii., ' Still under the leyvis 
grene,' ' Cou then me the raschis grene,' ' The Frog cam to the 
myl dur,' ' O lusty May with Flora quene,' and the ' Battell 
of Harlaw,' now only extant in Ramsay's version of the 
' Huntes of Cheviot.' A few of their dance airs are enum- 
erated, such as 'AH Christian Men's Dance,' the ' North of 
Scotland,' 'Hunt's up,' 'Robin Hood,' 'Tom of Lyn,' the 



INTRODUCTION xxxiii 

* Gossip's Dance,' - John Armstrong's Dance,' the ' Schawman 
Dance,' etc. And their musical instruments, on which these 
melodies were played, were a drone bagpipe, a trump, a corn- 
pipe, a recorder, a fiddle, a whistle, etc. (Ross, 261). 

Athletic games among the rural tenantry were probably 
not very popular. Football, handball, and archery may have 
been the commonest. But regarding the last of these, its 
practice had to be compulsorily insisted on by Act of Parlia- 
ment; and when such means even were not very successful, 
the potency of ridicule and satire was attempted by the 
poets of an earlier time, notably the kings James i. and v., in 
such poems as ' Peebles to the Play ' and ' Christ's Kirk on 
the Green.' Large gatherings from wide distances frequented 
their matches, indeed those were the means of collecting at 
times a large army unobserved. Thus when Sir Robert Carey 
was Warden of the Eastern Marches, he received information 
of a football match at Kelso. He found that his restless 
neighbour of the Middle Marches, Sir Robert Ker, was there 
with the ' chief raiders.' This was sufficient to excite his 
suspicion, so by a timely alteration of his plans he saved the 
lives of a number of his men and prevented much loss of pro- 
perty. In the year 1600 Sir John Carmichael, Warden of 
the Middle Marches, was killed by a band of Armstrongs on 
their return from a football match. 

During the Commonwealth, when these Records begin, all 
manner of public festivals was severely discountenanced, 
Christmas or Yule, Pasch or Easter, and the observance of 
all saints' days was censured both by Parliament and by 
the General Assembly. Marriages were happy blinks of 
sunshine in the perpetual dreary round of fastings and days 
of humiliation. And being so, they could not fail to attract 
the attention of Parliament and the General Assembly. 
Acts, ordinances, injunctions and recommendations against 
both the merriment and the expense were launched one after 



xxxiy BARON COURT OF STITCHILL 

another. The struggle was sharp and severe, and lasted 
long; but such ceremonies as riding the braes, described by 
Burns, and creeling the bridegroom, lasted down almost to 
the present day. But the spirit of those early Covenanting 
times was against them all, and the Baron's Court had 
up the offenders frequently before its outraged majesty. 
Marriages, baptisms, and funerals were put under severe 
restrictions. The baron ordained that those celebrations 
were to be solemnised in a sober, decent manner, and that at 
marriages, besides the marrying persons and their blood 
relations, there shall not be present, nor meet on that 
occasion, above four friends on either side. And neither the 
bridegroom nor the bride, nor their parents nor relations, 
tutors or curators, shall make above two changes of raiment 
a.t that time. The penalties were : for landed persons one- 
fourth of their annual rents ; those not landed were liable 
in one-fourth of their moveables ; burgesses were to be iined 
not more than five hundred merks ; and persons of the 
meaner sort one hundred merks. And if the number of 
guests exceeded the limits mentioned above, the master of the 
house was liable in five hundred merks. For baptisms four 
outsiders only were permitted to be present. If the marriage 
dues were not settled within three days, the schoolmaster, as 
session clerk, was to receive other five pounds. And even so 
late as 1702 there occurs a Minute of the Baron Court 
anent supernumerary marriages, and entertaining more 
guests thereat than the law allowed. The Minutes of the 
Presbytery of Haddington and Dunbar, of date May 7, 164<7, 
asserted with regard to penny-weddings that ' the paying of 
extravagant sums of twelve shillings for a man, and eight 
shillings Scots for a woman, that is, one shilling and eightpence 
sterling respectively, is the cause of great immoralities of 
piping and dancing both before and after dinner and supper ; 
moreover, loose speeches, singing of licentious songs, and 



INTRODUCTION 



XXXV 



profane minstrellings in time of dinner or supper tends to 
great debauchery. Through all which causes penny bridals, 
in our judgment, become seminaries of all profanation.' 
For piping at bridals, Adam Moffat, piper, was by the kirk- 
session at Ashkirk, on November 16, 1638, ordained the 
next Sabbath to stand at the kirk door with a pair of sheets 
about him, barefoot, and bare-legged, and after the people 
are in, to go to the place of repentance, and so to continue 
Sabbathly, during their wills. The General Assembly in- 
hibited also promiscuous dancing. 

All over the Border district the rural population appears 
to have delighted in song. Peeblesshire may have been the 
exception, because Dr. Pennecuik, who practised in that 
county, relates how one might journey long enough, and not 
hear a ploughman whistling at his work, nor a dairymaid 
singing at the milking. But the existence of the old ballads, 
and of the old airs, recovered and preserved by Burns and 
Allan Ramsay, proves the contrary for all the rest of the 
Border country. Sang schools too had been in existence at 
the time of the Baron Court Records for over a century ; 
they were a revival of the sang schools of the Roman phase of 
the Church of Scotland. These not only ' stimulated the 
study of music in Scotland, but secured greater efficiency in 
congregational singing.' We find as many as two thousand 
people singing the second version of the 124th Psalm to the 
very music to which it is still sung, and able to do so with a 
harmony of four parts. A negative proof of this love of 
song is to be found also in certain Acts of Assembly, which 
forbade under penalties the singing of profane, licentious 
songs and ballads. In fact certain ministers, such as the 
Wedderburns, made a well-intentioned effort to wed healthier 
sentiments to those popular airs and choruses — ' to turn the 
tunes and tenour of them into godly songs and hymns.' To 
the popular melodies, new verses of a pious character were 



xxxvi BARON COURT OF STITCHILL 

added. If they did not further piety, they have served this 
end, that the obscene songs which they supplanted have 
disappeared; and their airs, low and debased as many of 
them are, survive. And they do not permit us to forget 
that love of song and music which made the Borderers 
maintain their piper and their harper. Minstrel Bum was 
the last of the latter ; and probably Sir Walter had him in 
his mind when he composed The Lay of the Last Minstrel. 
Sir William Alexander and Drummond of Hawthornden were 
the poets of this period ; its prose writers, especially in the 
domains of Church history and ecclesiastical subjects, being 
Baillie, Spottiswoode, Burnet, Rutherford, Guthrie, and 
Leighton. It must be kept in mind that in the Borders 
during the Covenanting period, songs and ballads were fewer 
than in the succeeding age. After the passing of the iron 
rule of Cromwell, when the Restoration was accomplished, a 
renaissance occurred, which attained supreme development in 
the times following the risings of the Fifteen and the Forty- 
five. The choicest ballads and melodies were then created. 
Sung at happy gatherings, printed on broadsheets, picked 
up by the children, crooned over by old carlines, happy in 
their youthful audiences, these songs and ballads lived to the 
times when Percy and Sir Walter Scott, and other collectors 
of our floating minstrelsy, saved them from dropping for ever 
into the quicksands of time. Most familiar then, and 
certain to be chanted at the ingleneuk, were the exploits of 
some neighbouring chief of the Douglas, the dead man that 
won the field of Otterburn ; or that of Jamie Telfer o' the 
fair Dodhead, in which the old wild spirit of the Border 
foray is masterly portrayed ; or, again, that of the daring 
rescue of Kinmont Willie from the castle of merry Carlisle 
by the bold Buccleugh fifty years later. Songs of lighter 
tone, like ' Tamlane,' or others of melancholy cast, like the 
' Dowie Dens of Yarrow,' were heard within those lowly 



INTRODUCTION xxxvii 

cottage walls. Fairy-tales and superstitious stories were 
enshrined within those beautiful ballads. Thomas the 
Rhymer was the Merlin of that region. But higher up 
Tweed, by Drumelzier haugh, Merlin Lailoken prophesied 
himself once again. The tales and ballads became Cymric, 
not Border. The place-names, too, remind one that the 
British tribes inhabiting that part of Strathclyde brought 
with them their folklore and traditions of King Arthur, and 
Merlin and their great chief Vortigern, and the great peace 
apostle Kentigern. But this is a digression. 

Saddest and most touching superstition of all was that of 
witchcraft. Here in the Baron Court Records may be read 
the reference to a man threatening to inform upon an old 
woman, in order to procure her own death by burning, and 
to consign her house to the flames. Within a mile or two 
of Stitchill Manse the tree is still pointed out which grew 
close to the site of the last witch-burning. On the road 
to Nenthom, on the opposite side from Stitchill glebe, is a 
hollow on the roadside popularly spoken of as the Witches' 
Hole. Suspected persons were thrown into those pits full 
of water ; if the body floated, the person was guilty ; those 
who sank were pronounced innocent, but allowed to drown. 
In August 1661, John Rae mentions that during that month 
one hundred and twenty women were burnt as witches ! For 
the two hundred years during which a belief in witches pre- 
vailed, nearly eight thousand persons were cruelly immolated. 
Witches were charged with a variety of offences. They were 
accused of stopping mills; as boulders, of impeding the plough; 
of riding upon the wind and foundering fishing-boats; of 
transporting themselves through space upon broomsticks ; 
of casting the evil eye or glamour over a person, leading to 
illness, death, or misfortune; and in general with an 
intimacy with the evil one. The Church and the courts of 
law unquestionably accepted witches and their craft as an 



xxxviii BARON COURT OF STITCHILL 

existing evil and power ; and the Protestant Church of Scot- 
land in this matter has its roll of martyrs as long or longer 
than the Church had in its Romish phase. 

There was also the belief in the return from the dead. 
The Borderer could not bring himself to believe that the 
grave formed a real break in the continuity of the essential 
life of man. He passed only from the visible to the 
invisible, and naturally might still take an interest in the 
affairs of the world he had left. Now it was to expiate a 
deadly sin ; or to recover a troth ; or on account of dis- 
quietude with the voice of grievous mourning. Full of 
pathos, of beautiful, exquisite poetry, are such scenes con- 
ceived as may be read in such a ballad as the ' Wife of 
Usher's Well.' 

And in speaking of death, one is reminded from those 
records how in Scotland a body must be wrapped in linen, 
but in England in woollen, as the chief manufactures in the 
respective countries. In the reign of Queen Anne, however, 
it was decreed that every one should be buried in woollen ; 
and ministers were appointed to attend the placing of the 
body in its coffin, not specially for the purpose of com- 
mitting it therein with a religious service, but in order to 
see that the law in the above respect was carried out ! 

Such are some of the manners, customs, and events 
described in the records of the Baron Courts of so little 
renowned a place as Stitchill. Yet they are full of interest 
and charm, as signs of the progress made by our ancestors 
to a nobler and fuller life, signs of the struggles, the 
victories, and the defeats of our ancestors. They form no 
trivial possession ; they afford us no puerile study, no 
lifeless pursuit. They are traces of that past which has 
made way for this present — traces of the men by whom we 
live, of the ideas they held, and the work they performed ; 
of men like us, worthy or unworthy their position in the 



INTRODUCTION xxxix 

history of the world, and in the destiny of mankind. Surely 
this whole field of study is full of interest in its bewilder- 
ments, and confusions, its ceaseless strivings, foreboding 
fears, and almost hopeless hopes ; full of interest in the 
height of the attainment to which it shows we have 
attained, and in the vision of that higher and more 
ennobling future which still holds our soul in rapt desire 
and mighty endeavour. Such a past then is not dead and 
buried, lifeless and annihilated ; peopled by abstractions of 
men, by ghosts ; but, using the forcible words of Carlyle, by 
' men in buff or other coats and breeches, with colour in 
their cheeks, with passions in their stomachs, and the idiom, 
features, vitalities, of very men.' 

GEORGE GUNN. 



THE MINUTES OF THE 
BARON COURT OF STITCHILL 

The firste Court Barron holden at Stitchell upon the aught (i) 

day of Jany. jajvi" and fyfty fyve yeires, be the Right ^^^^' J^"' ^ 
worthy Walter Pringle of Green Know,^ In name of and 
haveing full power and commissioun fra the Right worthy 
Robert Pringle of Stitchell,^ Barroun and heretable pro- 
prietor of the Lands, Parochin, and Barrony of Stitchell. 

Court lawfully fenced and affirmed. 

The qlk day the haill tenents and coatters within the 
Barrony of Stitchell being all lawfully wairned and called, 
compeired all personally and tuike Instruments of their 
compeirance. 

The qlk day also the said Judge [in compliance with the] 
Act for holding of Barroun Courts in Scotland hes elected 
and chosen fyfteen famous honest men of whois fidelity and 
qualificatioun he has assurance to pass voyce upon Inquest or The inquest. 

' He was the second son of Robert, the first laird of Stitchill. The 
elder son, John, predeceased his father, Robert, the first laird, leaving a 
family of eight children. The eldest of these was Robert, the second 
laird of Stitchill, and later, the first baronet (created 1683). Walter of 
Greenknow, uncle of the young laird Robert, had been living for five years 
at Stitchill House as curator of his deceased brother's children, ever since 
the Battle of Dunbar, at which he had been present. He continued at Stitchill 
House until November 1656, and thereafter went to Torwoodlee, the home of 
his wife. He is known as the Covenanter, and left behind him a manuscript 
memoir of his adventures and religious experiences for the use of his children, 
published by the Wodrow Society in their volume of Select Biographies. 

2 Second laird and first baronet, succeeded to Stitchill on the death of 
his grandfather in 1649. He inherited Newhall in 1667, on the death of 
Robert of Newhall; was created baronet in 1683. His wife, Margaret Hope, 
daughter of Lord Craighall, had nineteen children, of whom one was Sir 
John, the second baronet, and her second became Sir Walter of Lochton, knight. 
Lord Newhall. 



THE MINUTES OF THE 



[i65S 



Bourlawmen, 



Swine on 
Commons. 



Wounded 
soldier from 
Dunbar. 



Jury in all matters questionable within the said Barrony, 
viz., Wm. Haggeard, John Donaldsone, Adam Haggeard, 
Robert Hamiltoune, John Lowry, Richeard Guttraw, James 
Campbell, ab., Thomas Lambe, ab., Alex. Lowry, Abhm. 
Smythe, Ede fFrenche, Andw. Nizbet, Wm. Haggeard, 
Ed. Hamiltoune, James Lamb, ab. 

The said fyfteen famous honest, men compeired all person- 
ally and gave thair aithes of verity for faithfull and lawfull 
administratioun of thair office in all matters questionable 
and debateable to the best of thair knowledge In all tyme 
comeing without favor or haitred. The qlk day also Andro 
Giffen, John Donaldsone, Adam Haggeard, Robert Hamil- 
toune, John Lowry, Richeard Guttraw, Henry Hopper, 
Thomas Hamiltoune, Thomas Lambe, are elected and chosen 
to be Bourlawmen. And with advyse and consent of William 
Nizbet factor of the said Barony to desyde all matters 
questionable and debaitable among neybors and to impose 
Stent and publick Impositions and to desyde the samyn 
equally and proportionally without partiality conforme ilke 
anes severall possessioun, with powr to any twa of them with 
the said William Nizbet ffactor forsaid to con vein, stent, 
desyde and decerne efter mature deliberatioun.* 

The qlk day John Smythe is elected Bourlaw Officer, his 
aith defideli admmistratione officii. 

The qlk day it is statute and ordained that na swyne be seen 
in any Comoun of the town fra the tent day of May untill the 
first day of the teynding ^ be past yeirly under the paine of 
twentie shillings and that non of them be seine or found on 
the Commouns or growing corne betwixt the said dyets under 
the paine of foure pundes. 

Also the haill tenants are ordained to be stented be the said 



' The inquest or jury of fifteen men and the bourlawmen were elected by the 
judge himself; the former to administer that office in all matters questionable 
and debateable ; and the latter, under supervision of the factor, to settle ques- 
tions among the neighbours and to impose stent and other public assessments. 

* This was the ingathering, by the owner of the teinds or tithes, of every 
tenth sheaf of grain as it stood in the stook on the completion of harvest, 
and before leading-in began. Tenants were not allowed to remove the crop 
till the teind-sheaves were drawn, and, as a further protection, swine were to 
be kept off the commons between the completion of sowing and the teinding 
of the reaped harvest, 



i655] BARON COURT OF STITCHILL 3 

aught stent maisters for payment to Thomas Quhyte ' of Ten 
punds Scots for his relieflFe at the handes of Andro Pringle 
for tym cumeing of his wounds received be him at Dunbar 
Battel! being putt furthe for the haill Barrony and the officer 
is ordained to poynd the recusants and dissoheyors propor- 
tionably. 

The ffourthe Court Barroun ^ holden at Stitchell Kirke upon (a) 

the twenty twa day of Marche jajvi" and fyfte fyve yeirs Be '^^^' ^^'^' ^^ 
the said William Nizbet in name of the said Robert Pringle, 
Barroun of the said Barrony. 

The qlk day Andro alias David Haggeart, is decerned Claims. 
to pay to Thomas Pearsone in Nenthorne Burne Brae that 
haill apprysed corne^ awand claimed be him efter the deposi- 
tioun of the Bourlawmen in Nenthorne for clearing or verifie- 
ing theirof, and thairefter ordaines the officer to poynd and 
make payment accordingly and assolzies the defender off the 
claim for eatten grasse. 

Issobell Turnbull is decerned to pay to Edward Hogge for Fee. 
fee awght punds three shillings with a paire of new hoase or 
tua elles of plaidin, becaus verified by his oathe. 

William Hoggeart is decerned to pay to James Lambe 
fyfty three shillings. 

The qlk day James Wood, younger is decerned to pay to Claims. 
Robert Hamilton qlk was arrested in his hands for his father 
nyne punds ten shillings for apprised grasse with three 
firlotts of oates and foure fulle of aits destroyed eatten be 

^ Thomas Quhyte had been sent forth to the Scots army as the representative 
of the whole barony. He, like the laird's uncle, Walter, who was holding this 
court, had been present at the Battle of Dunbar on September 3, 1650, and had 
been wounded. This payment would correspond in the present day to a 
commuted pension for all time coming. Note the error, eight stentmasters 
being mentioned, while nine were elected. 

^ This court, over which the factor as commissioner of the baron presided, 
was held at the parish church, the predecessor of the present building (1905). 
It is called the fourth court, but was probably the second, as it is not likely that 
other two courts were held between 8th January and 22nd March, which is the 
date of this minute. 

* Apprised corn was corn which, having been damaged by trespassing animals, 
was now valued as to the loss incurred by its owner. Another claim, this time 
for grass, eaten also by trespassers, had not been proved. Nenthorn is the 
parish next to Stitchill. 



4 THE MINUTES OF THE [1655 

himselfe with uther thre fuUcs of aits the pryse of the haill 
corne be the Inquest is modified to be six punds sixteen 
shillings.^ 

James Blaikie is decerned to pay to William Hoggearth 
twentie foure punds confest by the defender. 

Barbara Learmount is decerned to pay to Jon Lowry 41ib. 

William Lowry is decerned to pay to Barbara Learmount, 
confest 50s. 
Blasphemy and Thomas Bowtouu, Euphean Lambe, Margaret Muirehead, 
scan a , 20s. QggTge Smith, and Margaret Eliot are unlawed in ilke ane 
twenty shillings Scots to be imployed ad pios usos for blas- 
phemy and scandall. 

Andro GifFen is decerned to pay to Robert Talzeor nyne 
punds sixteen shillings and assoilzies the defender of the rest 
of the claime. 

(3) The Set and Barroun Court holden at Stitchell Kirke 

I oS. ug. I . ^jp^jj |.j^g awghteen day of August 1655 yeare be William 

Nisbet {factor and Chamberlaind of the said Barroun and 

having full power and commission fra the said Robert Pringle 

of Stitchell Barroun foresaid for that effect. 

The qlk day the haill tenants of the said barrouny being 
called, compeared all personally. 
Drunkenness, The qlk day the said {Factor and Judge takeing in his 
serious consideratiouns the great disorders and abuse within 
this Barrouny be excessive drunkenness, scandal, sensuality, 
mocking of piety and such uther heynous and God-provoking 
sinnes and offenses Thairfore conforme to ane Act of Parliament 
made at Perth upon the 7th day of August 1645 years and 
ratified be ane uther Act of Parliament of the dait the 13th ^ 
{February 1649 yeares Doe statute enacte, and ordaine and 
decerne that non within the Barrouny and Jurisdictioun drink 
excessively nor be sensibly drunke nor known to be drunk 
nor use filthy nor scurlus speiches and that non mock at 
piety under the paine of Ten shillings Scots toties quotks? 

' ' Fatten be himselfe ' means that the oats had been eaten by his animals, in 
addition to grass eaten by the animals belonging to his father. 

" The Acts of Parliament referred to are— 1645, c. 49 (vol. vi. pt. i. p. 458) 
and 1649, c. 97 (ib. pt. ii. p. 174). 

» This minute is an example of the strictness of the morality insisted on under 



etc. 



i6S5] BARON COURT OF STITCHILL 5 

It is statute that non curse swear or blaspheme under the 
paine of Ten shillings Scots toties quoties without modifi- 
catioun. 

The qhilk fynes and amerceaments and penaltyes is to Fines go to 
be employed for their Table uses be the advyce of the Minister ^"^ Session. 
and Members of Kirke-Session and by and attours thair 
Kirkes cervice, and ordaines the said awght men to take 
notice for observeing heirof. 

The qlk day William Hogearth elder conforme to ane Act 
of Kirke-Session produced is ordained to pay to the said 
Session to be employed ad pios usos Three punds Scots. 

Issobell Turnbull is ordained to pay ad pios tisos for scold- scolding. 
ing 40s. 

John Henreson is ordained to pay fourty shillings. 

Margaret Muirehead is decerned to pay twenty shillings to 
the Kirk Session to be imployed for the use of the poore 
because the Act of the Kirk- Session was both instructed be 
production of the Session Buikes and verified be the Elders, 
thairfore the said ffactor ratifies and approves the said Act of 
the Kirk-Session thairanent. 

Crystan Scott is decerned to pay to Isobell Lowry and John claim. 
Galbraith her spouse for his interest Twentyfour punds Scots 
money becaus the said defender compeired judicially and con- 
fessed the said claim, The Ground-maister being first payed. 

The qlk day Andro Eiffen is decerned to give and delyver 
to William Hoggearth fyfe holies of suflBcient heir Kelso- 
measure unpayed of Twenty-ane BoUes conformed to his awin 
subscrived tickett. 

The Held Barroun Court halden at Stitchell Kirke the 27th ^^ U)^ ^ 
day of November jajvi" and fyfty and fyve yeirs Be the said 
William Nisbett ffactor haveing full power fra the said Right 
worthy Robert Pringle of Stitchell Barroun for that effect. 

The qlk day Eupheam Lambe, Isobell Turnbull, and Janet Slander zo.'s. 
Johnstone, are decerned to pay to the Kirke-Session ad pios 

the Commonwealth. The minister was the Rev. David Stark, M.A. He con- 
formed to Episcopacy after the Restoration, and continued until 1683. The 
fines were to be devoted to the church for table uses— 1.«. communion elements— 
also for pious uses, and for the use of the poor. Delinquents had to thole the 
censure of the church in addition to the payment of those fines. 



THE MINUTES OF THE 



[i6S5 



tisos ilk ane twenty shillings for slander conforme to the Act 
of the Kirke-Session and recommends the modification thair- 
of to the members of the Kirke-Session. 

Schoolmaster. Also that the haill tenants within the Barrony are decerned 
to pay proportionally to James Lennox schoolmaster in 
Stitchell Twenty shillings Scots money yeirly during his 
service in tyme comeing at the Teirme of Mertimas and 
authorises his Barroun officer to poynd and distreinzie the 
failziers thairfor towards of payment being first terme and 
byepast. 

James Blaikie is decerned to pay to Robert Bromfield tailour 
in Home ^ for grazing seventeen punds twa fulles beir and a 
full of peise and ordaines Henry Hopper Robert Lillie and 
Richard Gottraw to take tryall thairof In respect of the 
defender present seikness and continues the reste of his claime 
to the nixt Court. 

Accounts. James Blaikie is decerned to pay to John Lowry Ten punds 

and fyve shillings and ordains James Donaldson and Adam 
Hoggart for to heir all corapts cleared betwixt the Defender 
and Issobel Pringle and ordains the Defender to pay to quit 
his awdit and finds that the said auditors are appoynted to 
clear whither James Blaikie be awand to James Wilson, 
merchant threttean punds Scots money conforme to his lybell 
with a bolle of kylle-dryed peis and efter thair report decret 
to be extracted against the defender. 

Ale. Alexander Lowry is decerned to pay to Anna Brommfield 

fourteen punds for aill confest be the Defender the ground- 
maister being satisfied first, her being payed efter. 



(s) 

1656, } une 19. 



The stocks 
for unproved 
case. 



The ffyte Barroun Court halden at Stitchell Kirke upon the 
nynteen day of Junij jaj vi" and fyfty six yeirs forsaid be the said 
William Nisbet Factor in name of the said Robert Pringle 
Barroun of the said Barrony. 

The qlk day being ane Held Court the haill tenants, 
coatters in Stitchell being all called, compeared personally and 
took Instruments. Agnes Blacke confest said Adam Lowry did 
fell her hen and make use of it and could not sustaine the same 

^ Home, three miles to the north-east of Stitchill, was united ecclesiastically 
to Stitchill. It is pronounced Hume. 



i6s6] BARON COURT OF STITCHILL 7 

be probatioun or otherways, qrfore she is ordained to stand The Stocks. 
in the Stockes and pay unlaw, by and attour the Kirke censure. 

William Hoggearth is decerned to pay to Marioun Cossars Claim. 
twalve punds sixteen shillings with a load of coalles efter just 
compt and reckoning in presence of John Lowry and Richeard 
Guttraw within fyfteen days next efter this Court. 

The qlk day George ffrenche is decerned to pay to Agnes 
Bairnesfather for fees aught punds Scots confest. 

The Sixt Court Barroun halden by ye said fFactor in name (6) 
of the said Laird and Barroun. 

The qlk day Anna Clapertoune and Alexander Lowry re- 
ferred and submitted themselves bothe to the Decreit Arbitrall 
of Adam Hoggearth, Jon Donaldsoune, Robert Hamiltoune, 
William Hogge, Arbiters, and William Nisbet, ffactor, Odsman, 
anent claimes and matters questionable betwixt them. 

James Blaikie is decerned to pay to Richeard Guttraw twenty Debt. 
punds principall becaus called and not compearing is holden 
as confest and the reality of the debt verified be witnesses. 

James Donaldsone confest he comitted accidentally in his Assault ^^lo. 
own defence blood fistulo upon John Smythe, Bourlaw Officer, 
and submits himself in the will of the judge qrfor he is un- 
lawed in ten punds without modificatioun. 

That blood aledged by the Pror. ffiscal to be comitted be chancellor 
Issobell Turnbull upon Bessy Aitchiesons is referred to the °^'"'J™^'- 
Inquest and the Inquest being all inclosed did all in ane voyce 
elect James Campbell, Chancellor of the said Inquest. 

The said Chancellor and Inquest all in ane voyce without Assault £io. 
variance or difference finds and decerns the said Issobell Turn- 
bull to be guilty of committing the said blood accidentally, 
but not by presumptioun nor certain knowledge qrfor the said 
Issobell Turnbull is unlawed in ten punds without modificatioun. 

Allisoune Hamiltoune and George Pattersoune her spouse 
are absolved of that quey acclamed fra them be George 
Hamiltoune hir father because the pursuers failzied in their 
probatioun. 

Ailisoune Hamiltoune and George Pattersone are decerned 
to pay to George Hamiltoune hir father, cleared be thislnquest, 
nyne punds. 



8 



THE MINUTES OF THE 



[1656 



(6 continued) 
1656, Nov. 13, 



Harvest fee 
and Bountitb, 



Eaten come. 



Auditors. 



Kiln. 



Pundler. 



(7) 
1657, Feb. 9. 



Lady Stichill. 



Claims. 



The Sixt Barroun Court holden at Stitchell Kirke upon the 
thretteen day of November jajvi" and fyfty six years be ye 
said fFactor in name of the said Barroun. 

The qlk day James Blaikie is decerned to pay to Thomas 
Ingles in Hume for harvest fee, and Bounteth, fourteen 
punds, twa fulls beir and halfte a full of peis, and contineues 
extract qle Henre Hoggearth and Wm Scot heir the defender 
of his just absence. The qlk day it is statute and ordained 
that all eatten come be the neighbour or others be persew^ed 
within yeir and day after the date thairof with all expenses 
bestowed in persewing thairof in tyme cumeing gif Justice be 
not vaicand for the tyme or other way, persewers not to be 
heard and all the expenses to be payed be the defender. The 
qlk day John Lowry, Adam Hoggearth, and John Donaldsone, 
are appointed to be auditors to the claimes given in be James 
Wood against Robert Hamiltoune and James Blaikie and 
others and they efter trew tryall to decerne against them 
lyable and payable to the said persewer as if it were done 
judicially within fyfteen dayes. 

The qlk day William Hopper is decerned to pay to Thoma.s 
Vair for fee sixteen punds qrof to be deduced for fyreing of 
his Kylle in his drunkennesse six punds so reste ten punds. 
John Donaldsone is decerned to pay to Issobell Turnbull fyve 
full of oats or fyve punds for the pryce thairof. The qlk day 
James Hall is elected Pundler ^ or Bourlaw Officer, who deponed 
his aith de Jideli admmistratione officii and ilke lande in the 
Nethertoune to pay to him yeirly a full of aits only. 

Seventh Court Barroun holden at Stitchell Kirke upon the 
nynt day of fFebruary 1657 yeirs be the said ffactor in name 
of the Barroun foresaid. 

The qlk day the haill persones lyable in payment of the 
remains of the Castellwairds are decerned to pay conform to 
the lybell given in be Robert Dickson servitor to the old 
Laidy ^ and also these who are restand thair proportione of 
fyfty foure punds are decerned to pay yr severall proportiones. 
William Lowry is decerned to pay to Maissie Hunter 

1 A distrainer or poinder. 

^ This would be Katherine Hamilton, mother of Walter the Covenanter, and 
grandmother to the laird Robert Pringle. 



1647] BARON COURT OF STITCHILL 9 

confest 31ib. 16sh. William Nisbet is decerned to pay to 
William Hoggearthe declaired be John Lowry elected be 
51ibs. Id. Andro GifFen is decerned to pay to George Cran- 
stoune in Nenthorne of the superplus of twa horse fyve punds 
4sh. verified by the mestres executioun with a dischairge for 
fyfty merkes. William Hopper is decerned to pay to George 
Smith for the pryce of foure boUes of here confest twenty 
punds. James Blaikie is decerned to pay to Mathew Thomp- 
sone conform to his Bond sixteen punds. James fFairbairne 
is decerned to pay to George fFrenche for hirding, thre punds 
with a cloacker. Alisoune Hamiltoune and George Cossar 
her husband are absolved of a fulle of bier expenses in going 
out of Barrony with thre punds for a queys food Sumer and 
Wintar with some of his meir acclaimed to him cleared be the 
said Alisounes oathe. George Smithe is decerned to pay to 
James fFairbairne 4!libs. James ffairbairne is decerned to pay 
to George flPrenche for a yeirs maille of a house fourty 
shillings with. . . . 

Heid Court Barroun holden at Stitchell Kirke upon the (8) 

eleventhe day of July jajvi" and fyfty and seaven yeirs, be the 
said William Nisbet fFactor forsaid and in naime of the said 
Robert Pringle Barroun above descrybed. The qlk day the 
haill tenants and coatters being all lawfully wairned to this 
Heid Court called and compeared and tuike Instruments of 
thair compeirance. 

The qlk day the said ftactor and Judge haveing heard the Assault ^2 4. 
clame and lybell given in by James Lennox, Pror. ffiscal of 
this Court against George ffrenche and Thomas Quhiggen- 
shall his servant for blood committed be them upon others 
the said George fFrenche compearing confest the commited 
blood upon the said Thomas with his hande without any 
militar weapons less or mair he being provoked thairto be the 
said Thomas as was clearly understood be the said Judge, 
thair for the said George unlawed and amerciat in twentie Uniawed. 
foure punds and the said Thomas called and not compear- 
ing qrfore he is unlawed and amerciat in twelve punds for 
blood wyte and wilfull absence. 

The qlk day John and Thomas Henrysones are unlawed in 



10 



THE MINUTES OF THE 



[i6s7 



Riot 40s. 



Grass maill. 

Mill-stone 

silver. 



Holding 
plough. 



Eaten corn. 



Fee. 



Law Burrows. 



fourty shillings for Ryot and straickes committed be thaim 
upon Margaret Dicksone and the said Margaret is amerciat 
in twenty shillings for provoking them thairto. George 
fFrenche is decerned to pay to Marke Urmestoune in Smail- 
holme ^ confest be the defender twelve punds 18s. 4d. of peise 
and the Bolle yrof. 

The qlk day James Wood now in Harlaw has willingly 
enacted himselfFe to compeare at next Barroun Court and 
instance by the just pursuite of Robert Lillie smythe in 
Stichill and bothe by the just decret thairof he being law- 
fully wairned be the officer else to be holden as confest not- 
withstanding he be moved out of the Barrouny. 

George ffrenche is decerned to pay to James Wood in 
Harlaw aught merkes for grass maill with twelve sh. and 8d. 
for myllestane silver. Thomas Lambe is decerned to pay to 
the said James Wood confest by himself foure merks. John 
Welshe is decerned to pay to William Nisbet proven be wit- 
nesses for holding of ye pleughe fourty shillings. 

Adam Quhyte is decerned to pay to William Nisbet yearly 
dureing that possessioun of that land possessed be him for a 
soumes grass 40s. 

James iFairbairne is decerned to pay to James Hamiltoune 
proven be witnesses fyfty shillings. 

William Hoggearth is decerned to pay to John Donald- 
sone for his proportioun of eatten come twenty six shillings 
8d. or the trew pay of a bolle of aits. 

William Moffat is decerned to pay to James Alexander for 
fee to his nephew foure punds 13s. 4d. with a pair of old hose 
or 8d. for the pryce. 

The qlk day George Hamiltoune is becum cautioner Sew- 
ertye Law Burrows for Margaret Dicksone his just spouse that 
John Henrysone his wife, Bairnes and others pertaining to 
him that he be harmeless, skaithles of the said Margaret on 
body gudes or name and the said John Henrysone is becum 
acted and bunde that the said George his spouse and ye 



' One of the many branches of the Pringle &mily had been long settled at 
Smailholm, about five miles west of Stitchill. John Pringle of Smailholmd, 
youngest son of David Pringle, slain at Flodden, married Margaret, daughter 
of Sir James Gordon of Stitchill and Lochinvar. 



1658] BARON COURT OF STITCHILL 11 

foresaids shal be harmles and skaithless of him or any of his 
directly or indirectly in all tyme cuming utherwayes nor be 
order of law and justice under the pane of twenty punds. It 
is subscrybed George Hamiltoune. Tho Pearsone Noty. Pub. 

Court Barroun holden at Stitch ill Kirke upon the thyrd day (9) 

of October jajvi" and fyfty seaven yeire be the said William ^657, Oct. 3. 
Nisbet ffactor in name of the said Ryt Worthy Robert 
Pringle of Stitchell Barroun forsaid. The qlk day it is statute, 
enacted and ordained that all these fyfteen men elected for 
the Inquest be all personally present at ilke Barroun Court, 
and that non of them be absent without a lawful excuse given 
be them twelve hours befor Court under the paine of twelve 
shilUngs for ilke failzier. 

George ffrenche is judicially absolved of that persuit be Absolved. 
Thomas Quhigginshaw for releiving him of any unlaw or 
amerciament becaus Robert Lillie and Thomas Lambe, as 
witnesses for baithe parties being sworne and examined de- 
poned they never heard the said George fFrenche promise to due. 

The qlk day Richard Guttraw is decerned to pay to John 
Thompsone, wobster be oathe of the persewer 30s. Scots. 

Issobell TurnbuU is decerned to pay to William TurnbuU Fee £s- 1°- 
her manservant for bygane fee fyve punds lOsh. with a new 
harden shirt. 

The qlk day it is statute, enacted and ordained that all 
persewers cause summoned and wairned the defenders within 
this barrony the day befor the Court (unless they be strangers). 
The qlk day Robert ffairbairne is elected ane of the Inquest 
who gave his oathe dejideli administratione officii. 

Heid Barroun Court halden at Stichill Kirke upon the 19 (10) 

day of Jany 1658 be the said William Nizbet ffactor in ^^^s, Jan. 19. 
name of the said Robert Pringle, Barroun. 

The qlk day the haill tenants and coatters within the 
Barrony of Stitchill being all called and compeired personally 
and tuike instruments of their compeiring. 

The qlk day Andro Giffen is absolved of that twelve lib. 
acclaimed fra him be William Hopper for eatten come becaus 
the persewer failed next probatioun. 



12 



THE MINUTES OF THE 



[1658 



Kayne hens. 



Eaten oats. 



Claims. 



Trespass. 



Blood wyte. 
Vicarage teinds, 



The qlk day the said Judge having heard the claim given in 
be James Lowry against George Hamiltoune as Intromettor 
with the guids and gear of the deceast Issobell Johnstoune for 
the payment of 31ib. with 4 kayne hens for the maill of a coatt 
hous for a yeire set be the persewer, and possest be her. 
The claim being verified by Robert Aimer and Issobell iFall- 
syde who deponed on thair aithes of the treuthe of the samyn 
qrfore the Judge decerned the said persewer to be payed con- 
forme to the claime with fyve shillings for ilk hen of the 
Readyest of her guids within this Barrouny, and ordained 
to poynd and appryse the samyn and make the said persewer 
to be completely payed of the said Coatt house maill and 
kayne or pryce foresaid. 

The qlk day Andro GifFen is decerned to pay to James 
Donaldsone eleven halffe fuUes of eatten aits or 51ib. 10 
shillings for the samyn. 

Reffers that blood alledged committed be Allison Arm- 
strong upon Joannet Johnsoune to the Inquest. 

The qlk day Adam Hoggeard is decerned to pay to Thomas 
Hoggearth SOlib. at ane tyme and 201ib. at ane uther tyme 
after Compt made befor John Donald soun and John Lowry 
arbiters and Ro. Hamiltoune Oddsman within 15 days and 
quhatsoever the arbiters decerns the persewers and de- 
fenders are bund to obey and they have baith subscrybed 
this judiciall submissioun with their hande. Se it is so sub- 
scrybed, — Adam Hoggearth, Thomas Hoggearth. 

The qlk day Andro alias David Hoggeard confest him to 
be awand to the said Thomas Hoggearth Sllib. qrfor the 
defender is decerned to conform to his awn confessioun. 

The qlk day it is statute and ordained that none goe to the 
Mylle thro the Mainrigg quheit under the paine of 2 shillings 
Scots to be payed be ilke qho contravenes, and collected by 
John Lowry officer and to be employed ad pios usos. The 
said Ailisoun Armstrong is convict be the Inquest in comitting 
the said blood upon Joanet Johnsoune, qherefor she is unlawed 
and amerciat in lOlib. Scots. And the said Joanet is Blood- 
wy te and is unlawed in 41ib. in the mercy of the Judge. 

The qlk day Mungo Wady and Joannet Weddel are decerned 
to pay their proportionable pairts of the Vicarage for the 



1 6s 8] BARON COURT OF STITCHILL 13 

Vicarage Teinds ^ which their houses and lands awand unpaid 
for all yeires be them and sikelike in tyme cumeing at the 
sight of the 15 men of the Inquest. 

Court Barroun holden at Stichill Kirke upon the penult day (n) 
of January jajvi" and fyfty aught yeires be the said William '^^^' ^^"' 3°- 
Nizbet, Barroun-Bailzie in name of the said Robert Pringle 
Barroun of the said Barony. 

The qlk day these men of Inquest being all called, com- 
peired personally. 

The qlk day it is statute and ordained that ilke ricke house 
within this Barony shall pay to Johne Underwood Beddell and Beadle. 
to his successour for the ringing of the bell twelve pennyes Beii ringing. 
yeirly betwixt Mertinmes and Yuille beginning now presently 
and sua furthe yeirly in tyme cumeing. Also it is statute 
enacted and ordained with consent of the Inquest that ilke 
husband-land in this pariche shall pay yeirly to John Under- 
wood Beddell and to his successors for ringing of the Great 
Bell at foure houres in the morning and at awght at nyt dayle 
half a pecke of aits. And the said Bellman is ordained to ring 
the said Bell in the Sumar and Winter after dait hereof pun- 
chewally and is to begin his payment the firste of Marche 
next tearme 1658 and sua furthe in Marche yeirly be and 
attour his werk penny ten shillings therewith. 

The qlk day also ilke Craftsman within this Barony is de- 
cerned to pay to the said Bellman and his successors yeirly for 
ringing of the said Bell twa shillings Scots money by and 
attour Stent of the land possessed by them. 

The qlk day the haill tenants in the Nether town are de- Quarters to a 
cerned to pay and stent proportionably to William Hopper '^°'^P°rai. 
for quarters to an Coupural ^ seventeen merkes and ordained 
the Barroun Officer to stent the samyn equally and poynd 
therefor proportionably. 

'■ These were the small teinds of calves, lint, hemp, eggs, etc., payable to the 
vicar, as distinguished from the more valuable teinds of grain, payable to the 
parson. Subsequent to the Reformation the vicarage teinds of Stitchill were 
bestowed on the minister of the parish. See Early History of Stitchill, 
pp. 9-1 1. 

" Here, a corporal, probably of the Sectarian army, was billeted upon the 
villagers. 



14 



THE MINUTES OF THE 



[I6S8 



(12) 

1658, April 19. 



Claims. 



Court Barroun holden at Stichill Kirke upon the nynteen 
day of Aprylle jajvi" and fyfty awght yeires forsaid be the 
said William Nizbet forsaid in name of the said Robert 
Pringle. 

The qlk day the said men of Inquest being all called com- 
peired all personally. 

The qlk day George ffrenche is decerned to pay to William 
ffrenche for Service, resting of fee and Bountith confest foure 
punds fyve shillings Scots. John Windrim is decerned to pay 
to Robert Lilly smith 51ib. Scots compleit payment of ten 
libs. James Hamiltoune fflescher is decerned to pay to James 
Campbell in the Mylle 201ibs. with 30 shillings of expenses 
within fyftene days or else persewer to be in his first place as 
they first agreed and gave the benefait of four fulles of aits 
sowing. This sourae at Mertinmes next to cum qrof there to 
be deduced 28 shillings. 

The qlk day Andro Giffen is decerned to pay to Issobell 
Pringle confest 91ib. 10 shillings. The qlk day James 
Donaldsone is assoilzied of ten merkes acclaimed fra him be 
Issobell TurnbuU for a wendow. James ffairbairne is de- 
cerned to pay to Andro Gifilen confest be the defender SOlibs. 



(13) 

1658, Nov. 23. 



Beir. 



Peats. 



Interest. 



Accounts. 



Court Barroun holden at Stichill upon the twenty thyrd 
day of November 1658 be the said William Nizbet fFactor 
forsaid. Court lawfully fensed. 

The qlk day the samen men of Inquest being all called, 
compeired all personally. 

Thomas Henryson is decerned to pay to Johne Brattisone 
in ffallsydehill foure punds 40d. with halfe a pecke of Beir 
for the pryce of a stacke of peits. The qlk day James Pres- 
toune is decerned to pay to John Gottal confest 50 merkes, 
with 30 shillings for the byegane annualrents thereof ISlibs 
payable at Mertinmes last and fyfteen punds 6s. 8d. with the 
said 80 shillings of annual rent at Candlemes jajvi" and fyfty 
nyne yeires. 

Cirstan Scot called and not compeiring is decerned to pay 
to the said John Guttraw efter juste Compte and reckoning 20 
libs. James Prestoune is absolved of that claime persewed be 
Richard Peatt be the defender his aithe. Andro alias David 



i659] BARON COURT OF STITCHILL 15 

Hoggeard is decerned to pay to Mark Wilson oonfest ISlib. 
John Wood is decerned to pay to James Wilson confest 91ib. 
4 shillings. 

The qlk day it is statute, enacted and ordained that the Herdsmen. 
haill tenants within this Barrony shall provyde themselves with 
sufficient herdes for keiping of their Bestiall and saveing of 
their come in tyme cumeing, and that they fee or hyre no 
herds but only those who are sufficient and able, and they are 
to produce their herds at the first Bourlaw Courts yeirly to be 
holden to be approven be the fyfteen men of the Inquest. 
And ilke ane qho fee ane insufficient and unable herd to pay 
51ib. The qlk day the haill tenants are to attend within this 
Barrouny Court and have obliged and enacted themselves to 
pay their haill rents unpaid for Mertinmes last 1658 yeires Rf "ts and 
and all their byegane dewties for their yairdes and lands pre- 
ceding, awand and unpaid within 15 days under the pain of 
poynding, and hereto they have willingly enacted themselves 
judicially. 

The qlk day it is statute and ordained that all the eaters of Eaters of corn. 
corne be admonished to heir and see the samen apprysed be- 
fore the apprysing heirof, and the eater efter the samen is 
proven verified or confest is decerned to pay for the Bourlaw 
Drinke. Thomas Pearsone Notar pub. 

Court Barroun holden at Stitchell Kirke upon the nynt day (14) 
of January jajvi" and fyfty nyne yeirs. Be the said William '^^^' ^^"' ^' 
Nizbet factor forsaid. 

The qlk day the haill tenants and coatters within this Claims. 
Barrony being all called at ane held Court compeared all 
personally. 

The clames be John Thomsoun against Robert Hamiltoune 
for nyne half fulle of aits is continued to the nixt Court. 

Alexander Windrim couper in Stitchell is decerned to pay 
to Thomas Ker Merchant in Kelso 36 punds Scots. 

Andro Giffen is decerned to pay to James Campbell fyfty 
shillings Scots in full of complete payment of the pryce of 
Twenty BoUes of aits or any uther thing qlk any of them can 
or may aske or clame fra uther for any caus or occasioun 
begane. 



16 THE MINUTES OF THE [1659 

Andro Giffen is decerned to pay to Catherein Hamiltoune 
Lady Stitchell eldest,^ for the agreed pryce of foure BoUes of 
Beir confest fourty merkes. 

Lady Stitchiii. These tenants lyable in payment of Hoppers grass Maill to 
the Laidy for byeganes confest are decerned conforme to the 
claime. 

Trespass. The qlk day it is statute, enacted and ordained that al 

Beasts heirafter found or seene upon the comes of the Craigs 
Steills or Humly Knows betwixt the two gaits at the eist end 
of the Over toune without a bird on the corne shall pay, ilke 
nolt or horse two shillings Scots and ilke sheir without a bird 
4d for ilke fault. 

(is) Upon the . . . yeires be the Ryt Worthy Robert Pringle 

of Stitchell Barroun for said Barrony first Court balden be 

himself being present and William Nizbet factor forsaid. 

The qlk day it is statute and ordained that non within the 

Miller not to be Barrony sell their grinding cornes in the Mercat or uther ways 

preju ice . j^ prejudice of the possessor of Stitchell Myllne. But that 

they bring their haill grinding corne for the use of their 

families to the Mylle and pay Mylle dewties ^ use and wont 

therefor under the paine of fyve punds and that the said 

Myller keip the said Mylne in guid order and do thankfuU 

service to the people theirby, by serving them under the like 

paine. 

The qlk day the Laird himself being personally present of 
new agane as before nominated and elected the said William 
Nizbet factor forsaid to be his Balive and to contineu in 
administratioun of justice as before in the Lairds absence as if 
he were personally present himselfe. 

The qlk day it is statute and ordained that the possessors of 
ilke six quarters of land in the Over toune shall keipe a suffi- 
cient standing hirde yeirly and pay him proportionally, and 

1 This is tlie aged dowager, grandmother of Robert Pringle ihe laiid, and 
mother ofWalter the Covenanter. The designation 'eldest' would seem to 
mean that now there was another Lady Stitchiii, wife of Robert the laird. 

^ This minute deals with the vexed matter of thirlage. All the tenants of the 
barony were bound or thirled to the barony mill. Corn was not allowed to be 
sold out of the barony, unground, as thereby the miller would lose the duty 
payable for grinding. 



1 659] BARON COURT OF STITCHILL 17 

sbent conform to their severall possessions under the paine of 
fyve merkes for ilke failzie by and attour the performeing of 
this Act. 

The qlk day John ffrenche in Over Stitchell is decerned to 
pay to Bessie Thomson his sister twentie foure punds Scots 
conforme to his Bond and judicially confest be him, at three 
termes to witt aught punds presently, awght punds at Mer- 
tinmes nigher 1660 yeires, and uther awght punds in compleit 
payment of the said haill soume by Mertinmes 1661. 

Bessie Jamieson is decerned to pay to Johne Wilsone con- 
fest be the defender three punds Scots and the defender is 
judicially assoilzied of the rest of the claime in all tyme 
comeing. 

Continews that claime be Andro Giffen against Johne Win- 
drim couper for twentie punds to the nixt Court becaus of the 
Defenders absence. Thomas Pearson Notar Publict. 

Court Barroun holden 17 February 1659 place forsaid, be (i6) 

the said William Nizbet iFactor forsaid. Court lawfully '*S9, Feb. 17. 
fenced. 

The qlk day William Hopper in Stichill is decerned to obey Claim, 
the Decreit Arbitrall to be pronnounced by the Arbiters already 
chosen, Robeart Alexander, Croftar in Hume, and him and 
Adam Hoggearth anent the claim persewed be the said Alex- 
ander against the said William, and the said Arbiters are to 
pronounce ther Sentence betwixt and the 5th day of Marche 
next 1659, and ordains the ordnar officer of the Barrpuny to 
put the Decreit Arbitrall to execution against the said 
defender. ' 

David Hoggearth is decerned to pay to Isobel Charter- Harvest Fee, 
house for harvest fee confest 71ib. ten shillings. ^'^' '°^' 

David and William Hoggearth are decerned to pay to Mar- Fee and Boun- 
garet Trottar for fee and Bountith confest 161ib. 10 shillings los.' ^'^ ' ^^^' 
with 3 ells and 3 quarters of harden. Thomas Lambe is 
decerned to pay to George Smyth confest 261ib. George Acquitted, 
ffrenche is absolved of foure punds acclaimed be Jean Blacke 
becaus she refuseth to depone. 

The qlk day it is statute and ordained that all within this Ale sellers. 
Barrouny lyable in payment to Isabel Pringle or uther aill- 

B 



18 



THE MINUTES OF THE 



[i6S9 



Accounts. 



sellers shall be decerned be the Bourlawmen if it be confest be 
the pairty or verified be the persewer providing the claimes do 
not exceed 50 shillings Scots. 

James Hamiltoune is decerned to' pay to William Welche 
for all bygane claimes or Compts qlk the said William can clanie 
fra the defender preceiding the dait heirof Slibs. 14 shillings 
Scots. Thomas Pearsone Notar Public, 



(17) 
i66o, Jan. 28. 



Assault, £zo. 

Bloodwyt, /^lo. 
Claim. 

Claim. 

S FuUe of Beir 
® £10. 

Lady Stitchill. 



Cooper and 
Smith. 



Held Barroun Court halden at Stichill Kirke upon the 28 
January 1660 be the said William Nizbet fFactor in name of the 
said Ryt Worthy Robert Pringle of Stitchill Barroun forsaid. 

The qlk day the haill tenants and cottars within this Bar- 
rouny all compeared personally and tuike Instruments of their 
compeiring. 

The qlk day John Guttraw confest he committed blood upon 
Richard Gothraw his younger brother being provoked swa to 
do be the said Richeard wherefore he is unlawed and amerciat 
in twenty punds Scots. 

And the said Richeard confest him to be guilty of Bloodwyt 
wherefor he is unlawed in ten punds. 

That clame be Andro GifFen against John Windrim Couper 
for twenty punds is of new again as before continewed to the 
next Court becaus of the Defenders absence. 

Thomas Lambe is judicially decerned to pay to Robert 
Lilly smyth in Stitchill aither 5 fulle of Beir or ten libs, for the 
pryce therof with uther 30 shillings with 12 shillings of penalty 
confegt. 

The qlk day Robert Lilly smith in Stitchell as the Cautioner 
of James Lilly smythe in Sproustone his brother is judiciall 
decerned to pay to Kathrine Hamiltoune Lady Stitchell eldest, 
confest and instructed be the Bond produced with the clame 
501ibs. Scots money principall awand of a greater soume with 
the ordinar annual rent of the said fyfty punds for ane yeir 
bygane with power to the said Defender Cautioner to persewe 
the said principall for his reliefFe. 

Alexander Windrim couper is decerned to pay to Robert 
Lyllie smythe confest nyne punds ten shillings. The Land 
and ground maister being first payed, Thomas Pearsone 
Notar Public elk. 



1666] BARON COURT OF STITCHILL 19 

The qlk day George fFrenche is decerned to pay to Margaret Claim. 
ffairbairne relict of the deceast Thomas Hamiltoune in Over 
Stitchell being referred to the aithe of the defender 191ib. 
16 shillings. 

William Hoggearth alias Hynde is decerned to pay as Cautioner. 
Cautioner for Robert Gibesone in Lowest Gordoune to Willian^ 
Nizbet ffactor to the Laird of Stitchel for his pryce of 6 fulle Beir/n per 
of Beir at eleven punds the Boll ISlbs. 4 shillings. 

James Campbell is decerned to pay to Richeard Guttraw claim. 
confest for seaven halfe fuUes of aits apprysed be the Bourlaw 
men 41ib. ISsh. 

The qlk day George ffrenche in Over Stitchill is iudici- LadyStitchiU 

younger. 

ally decerned to pay to the Ryt Worthy Margaret Scot Lady 
Stitchill younger lOOlibs. Scots money due to her for their 
lands confest be him perteining to her in liferent for Martin- 
mes last bypast 1659 yeires, together with the haill byegane 
termes awand by him to her for all yeires trysts and termes 
bygane and sik lykes in tyme cumeing the tymes of payment 
being first cum and by past. 

Barroun Court holden at Stitchill Kirke upon the 26 Novem- (iS) 
her 1660 yeires be the Right Worthy Robert Pringle of Stit- 
chill Barroun and William Nizbet his Balive forsaid. 

The qlk day Henry Hamiltoune in Queenscairn is judicially Claim, 
decerned and confirmed in his ane confessioun to pay to Alex- 
ander Hogge in Home aither eleven halfe fuUes of aits or 
10 merks for the payment therof. 

Andro alias David Haggeard is decerned to pay to Robert ^^^' £'^3 P" 
Lillie smythe for the pryce of 11 halfe fuiles of peis at 13 punds 
the Bolle, 141ibs. 6 shillings or 36 shillings utherways etc. 

The qlk day Mungo Wady in Over Stitchill is decerned Payment at 
conform to his ane confessioun to pay to George Bell thair, 
181ib. 3 shillings at three tymes, to wit 61ib. 1 shilling at 
Yuille only to cum, and sua furthe at the tyme of Yuille 
yeirly, till the compleit payment of the principal sowme 
because of the Defender his present poverty and inability. 

The qlk day James Lowry is decerned to pay Kathren 
Hamiltoun in Sproustone confest SOlibs. at Yuille to cum, 
the Laird being first paid. 



20 



THE MINUTES OF THE 



[1660 



Claims. 



Rent of house Alexander Windrim, couper is decerned to pay to Robert 
*" ■ Dickesoun Domestic servitor to the Laird for the maill of a 

hous 6libs. That claime be Agnes Pattersone against Alex- 
ander Lowry is continued to next Court. 
irongirthe;^6. fhe qlk day James Campbelle is judicially absolved to 6 
libs for the alledged pryce of ane yron girthe for a mylle 
acclamed be James Wood in Ednam Mylle becaus the said 
girthe was on the stain as a pairt of the myll graithe at his 
removing without qlk girthe the myll was not sufficient in 
operation sua that of necessity it lay on the myll a yeir efter 
the said Defender his entry and the said persewer his deceast 
father found ane yron girthe in the said myll at his first entry 
thairto, sua he ought and should leave ane uther. Neverthe- 
less the said persewer without caus appealed and required 
Instruments. 

Bessy Bell is decerned to pay to William Huteson upon the 
aithe of the persewer 51ib. 18 shillings. John Dickesoun is 
decerned to pay to Adam Quhyte upon the Defender his oathe 
that he was awand no money to the persewer his deceast 
daughter six libs. 

Mungo Wady is decerned to pay to the said Adam Quhyte 
41ibs. qlk he borrowed fra his deceast daughter be her father's 
knowledge befor her decease. James Hamiltoune is decerned 
to pay to the Lady of Green Knowe ^ confest 31ib. 12 shillings. 
The qlk day Bessie Bell relict of the deceast William Wilson 
is judicially decerned to William Hopper aither twa BoUes 
outfield aits or else 51ibs. ilk Boll therof. 

The qlk day Janet Johnsoune and George Hope her spouse 
for her interest are decerned to pay to Johne and Margaret 
Dows Lawful Bairnes to the deceast John Dow in Nenthorn 
and to ther tutors curators in ther name for ther behooves 
51ibs. intromitted with and be lier uplifted fra Robert Hamil- 
toune, James Campbell and David Hoggeard wherefor the 
said three persons are absolved of the samyn becaus the said 
Joanet grantit the receipt therof fra them. 

John Guttraw is judicially assoilzied of 4!libs. acclamed fra 
him be William Taillzier for land teilling becaus the said 



Assoilzied. 



' Mother or wife of Walter the Covenanter, 



i66i] BARON COURT OF STiTCHILL 21 

William failzied in probatioun. The qlk day Issobell Steviii- 
son relict of the deceast James Donaldsone is decerned to pay 
to Margaret Trotter her mother-in-law 91bs. 

The qlk day the haill tenants within this Barrony of Stit- Schoolmaster 

T .,, , and Precentor. 

chill agree to pay to James Lennox schoolmaster and precentor 
in Stitchill 401ibs. Scots money proportionally amongst them, 
ilk ane for ther awin pairts yeirly conforme to ther severall 
possessiouns at twa teirmes of the yeir Mertinmes and Whitsun- 
day for all teirmes to cum dureing his service and serving the 
Cure of the said Kirke as a precentor and siclike for all yeires 
and teirmes byegane restand awand and unpaid. 

The qlk day the said Barroun takeing to his serious con- 1660, Nov. 26, 
sideratioun how great a necessity Church Discypline of this K.'irk"session. ° 
Paroch has of the assistance and concurrence of the Civil 
Magistrat and helpe of his authority interponed thereto, and 
how necessar the samyn is for the thryvening of religioune 
within this Paroch, Thairfor the said Barroun heirby judicially 
decernes and ordaines his ordnar officer of the Barroun to put 
in execution all Acts and Sentences of the Kirke Sessioun 
again all persouns whomsoever within this Barrouny and poynd 
for all penalty and fynes to be imposed be them and take the 
Extract of the Kirke Session their Act for his Warrand. 

The qlk day the haill tenants within this Barony lyable Grass-rent and 
and dew for payment of Grass maill and mylle-stain silver at stone-silver, 
this term of Mertinmes instant 1660 yeirs are decerned to pay 
the samyn proportionally for the said term and all the uther 
yeirs and teirmes preceding restand awand and unpaid. The 
qlk day the haill tenants within this Barrony who are awand 
their Entreis money are ordained to pay the annual rent therof Entry money. 
for all yeires and teirmes bygane sen the daits of the severall 
Bonds therfor ; and also of all bygane maills and dewties 
restand awand and unpaid be them ilk ane for ther awn pairt. 

The qlk day the said William Nyzbet ffactor and Balive Bailie. 
forsaid is of new again commissiouned and auctorised be the 
said Barroun judicially to continew Bailive in the Laird's 
absence and to keip Courts as befor till he be discharged be 
the said Laird. 

Heid Barroun Court holden at Stitchill Kirke upon the 1661, Jan. 8. 



22 



TKtE MINUTES OF THE 



[1661 



awght day of January jajvi'= threscore ane yeires, be the said 
William Nizbet Balive befor designed In name of the said 
Right worthy Robert Pringle of Stitchill, Barroun. 

The qlk day the haill tenants and Coatters within the 
Barrony of Stitchill compeared all personally and tuike In- 
struments of ther compeirance at said Court. The qlk day 
compeired James Campbell in Stitchill personally and confest 
Assault ^^24, judicially that he committed blood upon Thomas Hoggearth 
00 "y'^Aiz- jjjg ggj,yg^jj^ qrfor he is unlawed and amerciat in S^libs. for 
the said Blood and in 121ibs. for Blood wyte. 

The qlk day also James Lambe younger in Over Stitchill 
confest he committed Ryot and Straiks upon George fFrenche 
yr, qrfor he is unlawed in five punds Scots, and ordained to 
be put in the Stocks dureing the pleasure of the Laird and 
Balive. 



Riot ;^5 and 
stocks. 



Pease lalb. 

2S. 

Teinds. 



Anent Bread 
for Bridals. 



Brides not to 
have their 
Bridals outside 
the Barony. 



The qlk day Andro Giffen is judicially decerned conforme 
to his ane confessioun to pay to James Campbell and Robert 
Lillie for pels 121ibs. 2 shillings Scots. The qlk day John 
Hoggearth alias Calsyend is decerned to pay to William 
Aitchison in Teinds confest awght punds. 

William Moffat in Over Stitchill is ordained to pay to 
George Nizbet for meill 91ibs. Scots. The qlk day the said 
Judge and Balive talking to his serious consideratioun what 
loss and prejudice the Possessor of the Mylle of Stitchill 
sustaines be the people of this Barrony who buyes their bread 
for penny Bridells in the Mercat and does not grind the 
Bridell quheit at the said Mylle sua that therby they are 
partly unable to pay the tack dewties and yeirly rent for the 
said Mylle used and wont, Therefor it is' enacted and by these 
presents statute and ordained that all Makers of Common 
Bridells, also Aill Brewers, as uthers within this Barrony, 
shall grind the haill quheit qlk they shall happen to make 
use of at the said Brydell at the Mylle of Stitchill and pay 
Mylle dewties therfor used and wont ; and that nori within 
this Barrony buy Bread in Mercat under the paine of Ten 
punds for ilk failzie without modificatioun. 

Also the same day it is statute and judicially decerned that 
no Bryde dwelling within this Barrony at the tyme of her 



1662] BARON COURT OF STlTCHllX ^3 

marriage shall make her Brydell out of this Parochin where- 
soever the Bridegroom happen to dwell. But that the 
Brydell be made and keiped within this Barrony in all tym 
cumeing for the benefit of the Mylle dewties of the Malt and 
quheit to the Possessor of the said Mylle under the paine of 
Twentie punds; without lieving asked and granted of the 
Laird and his successors. The qlk day Andro alias David 
Hoggearth is judicially decerned to pay to Andro Watson 
awght punds. 

Ita est Attestor ego Thomas Pearsotme Notarius Publicus 
clk._ 

Ane Heid Barrouu Court halden at Stitchell Kirke upon ^^ (fo) 

.... 1 • t IDDZ, Aug. 23. 

the twenty third day of August jajvi" sixty and twa yeirs be 
the forsaid Robert Pringle of Stitchell Baroun forsaid. 

The qlk day Robert Hoge in Over Stitchell, Cirstan Stot Contempt of 
there and Margaret Muirehead there being all lawfully 
wairned to this Barroun Court oft times called, and not com- 
peiring, therfor they are ilk ane of them unlawed and amerciat 
in fyve punds Scots money. The qlk' day William Tailzieor Scolding 5 
in Queenscairne is decerned to pay to the Kirke Treasurer to 
be employed ad pios usos fyve merkes Scots for Nicholas 
Wood her penalty for her former scolding and the like mis- 
behaviour qlk was areisted in his hand as her debitor at the 
instance of the Kirke Sessioun. And the said Nicolas has ^aoandBanish- 
enacted herselfe to live peaceably in all tyme cumeing under ™j|"jj^^'^™'' 
the paine of Twenty punds and Banishment furthe of this 
Barrony. 

The qlk day William Moffat is decerned to pay to George claim. 
Smythe confest judicially be the defender sixteen punds 
principal with three punds Scots for the byegane annual rent 
thereof. The qlk day James Campbell is decerned to pay to 
Thomas Hoggearth for byegane fees eleven punds foure Wages. 
shillings, twa pairs of hose, a new shirt with a suite of old 
cloathes at the sight of John Lowry, Robert Hamiltoune, 
Adam Hoggearth, John Donaldsone, Andro Nisbet, and 
continews the Extract heirof qle the Defender be heard be 
them becaus of his present absence and to be decerned be them 
within fyfteen days. 



24 THE MINUTES OF THE [1662 

Portionerat William Moffat is decerned to pay to Jeremy Crottar 

portioner at Home confest thre punds awght shillings. 
Richeard fFairbaire is decerned to pay to Issobell Charterhous 
for byegane fee ten punds Scots. 

Breaking a Thomas Henrysoue is ordained to pay to Robert Lillie 

Smyth confest 5Iib. The qlk day James Thompesone is un- 
lawed for breaking up of a locked door brevi manu in 51ib. 
And also to redeliver to Joanet Aitken aither a locke or 30 
shillings for the worthe therof. 

Contempt of The qlk day it is judicially statute and ordained that the 

]^S and personal haill indwellers within this Barony shall obey the Sentences 

punishment. ^^^ Decreits to be pronounced be the Bourlawmen in tym 
cumeing and that non oppose them neither be word nor deid 
nor scold, raille, nor outcry against ther proceedings in tym 
cumeing utherwyas nor be order of Law and justice under 
the paine of fyve punds and personall punishment at the 
Lairds pleasure the nixt Barroun Court nixt efter their 
dissobedience. 

Wages. The qlk day William Hoggearth is decerned to pay to 

James Thompesone for fee, foure punds six shillings with thre 
ells of linen or else ten shillings with a pair of new hose or 
else twelve shillings. 

William Tailzieour in Queenscairne is decerned to pay to 

Johne Thompesone for fee confest Thre punds twelve shillings. 

The qlk day William Hoggearth for Blood committed be 

him upon Thomas Lowry is unlawed and amerciat in the 

sowme of Twenty foure punds at the Lairds mercy. 

Swine in corn The qlk day John Lowry, James Campbell, David Hoggeard, 
Richeard Guttraw, John Guttraw, Robert Hamiltoune and 
George fFrenche for keiping of swyne in Corne and Lint in 
Summar contrair to former Acts of Court as was clearly under- 
stood be the said Bai:roun are unlawed ilke ane of them in 
foure punds Scots. 
Ita est Attestor ego Tho. Pearsone, Notarius Publicm elk. 

(21) Ane Barroun Court balden at Stitchell Kirke upon the 

1662, Oct. 12. t^elft day of October jajvi" and sixty twa yeires be the Right 
Worthy Robert Pringle of Stitchell Barroun foresaid. 

The qlk day Andro alias David Hoggearth, younger, is 



1663] BARON COURT OF STITCHILL 25 

decerned to pay to Issobell Thomson as Cautioner for Mark 
Dods in Mellerstains nyne punds six ^hillings and continew the 
Extract heirof till the said David be heard befor John Lowry 
and John Donaldsone. 

Adam and William Haggearth and Thomas Mylle are judici- 
ally decerned to pay to Andro Giffen for eaten corne aughteen 
shillings Scots for ilke 20 sheir of a hundred and forty sheir 
extending to six punds ilk ane for ther awn pairts proportion- 
ally conform to the number of their sheir, 41ibs. lOsh. 
Richeard ffairbairne is judicially decerned to pay to Bessie Bell 
for eaten aits 41ibs. lOsh. 

The qlk day the said Barroun did judicially assoilzie and 
absolve Robert Hopper herd for ane cow perteining to Adam 
Hamiltoune aledged to be killed be him becaus the said cow 
was drawn out of a dytch that same nyt wherein the said 
Adam aledgeth the said herd bracke hir backe, as was made clear 
appears to the said Barron wherfor the said herd is quyte fre 
of the said blame forever. 

The qlk day Adam Hamiltoune for hydeing and conceiling of Concealing 

., ., 11-1 1 T • • r ■ unteinded corn 

his cornes m the yaird unteynded is unlawed and amerciat m ^^20. 
the sowme of SOlibs. Scots money at the Laird his mercy. 

The qlk day it is statute, enacted and ordained that none Act anent un- 
within this Barrony lead any of their cornes unteynded nor 
remove the samyn fra the ground where it grows unteynded, 
nor hide nor conceal the samyn but that it be told and 
teynded yeirly in all tym cumeing under the paine of lOlibs. 
Scots money by and attour the said Teynd. 

The qlk day all within this Barrony awand to Issobell Ale to be paid 
Pringle for aill are ordained to make payment to her therof ^3° ^'"^^^ '"^ 
after the samyn is aither confest be the said Debitor or 
verified and made appeare be her in presence of the Bourlaw 
Court within 48 houres therof under the payne of poynding, 
provyding her clame do not exceid three punds Scots. 

Barroun Court holden at Stitchell Kirke upon the third day ^^^^["fl^^ 3 
of January jaj vi° thre score and thre yeires. Be the said Robert 
Pringle Barroun forsaid. 

The qlk day the haill tenants within this Barony who are Catharine 
awand to Katherein Hamiltoune Lady Stitchell eldest the Lady Stitchell. 



26 



THE MINUTES OF THE 



[1663 



Margaret Scot, 
Lady Stitchell. 



Again. 



Weaver. 



Smith's Fees. 



pryce of their ferme Beir dew be them aither for the yeir or 
crop 1661 yeirs and as yet unpaid are ordained to pay the 
samyn to John Lowry as her ffactor for her use and behove 
within fyfteen dayes under the paine of poynding. Lykeas 
they are j udicially decerned to pay to her ilke ane for their 
ane pairts their grass-mailles dew to her unpayed for crop 1662 
yeirs and what they are rightly awand to her and as yet 
unpayed for all uther yeires and teirmes preceiding efter nixt 
Court and reckoning. 

The qlk day George ffrenche in Over Stitchell is judicially 
decerned to pay to Margaret Scot Lady Stitchell, younger, his 
Maille Teinds, tackes and dewes unpayed for crop 1662 yeirs 
and for all uther yeirs and crops preceiding as yet unpayed by 
him to her. 

The qlk day Jane Guttraw, Robert Hamiltoune, and Alex- 
ander Hoggarth are judicially decerned to pay to Margaret 
Scot, Laidy Stitchell younger their haill mailles, teinds and 
tacke-dewties dew by any of them to her for the cropt and 
yeir of God 1662 yeirs and for all these yeirs cropts and teinds 
preceding. 

The qlk day James Thompson Wobster in Stitchill is 
decerned to pay restore and redelyver backe againe to the 
executors of the deceast Andro Essten in Runniugburn ane 
Gray Wobe taken wrongously be him brevi manu fra the 
Waulker, they paying to him at their receipt therof twenty 
ane shillings awght pennies disbursed be him for the samyn to 
the Waulker. 

The qlk day it is judicially statute and enacted and ordained 
that the owner and maister of ilke pleuche within this Barony 
shall pay yeirly to John and Robert Lillie, smythes in Stitchell 
for their sharpeing-corne ^ and in lieu and place therof, ane 
stoucke of sufficient outfield aits sicke as grown in ther ground 
yeirly for ilke husband-land plewed be them whether of their 
awn or hyred lands fra them with power to the fewars to seeke 
ther releisse and make ther agreement for the hyred land swa 



1 Sharping corn was the price paid to the blacksmith by each owner of a plough 
for sharpening the ploughshare and the sickles for cutting the corn. In this 
case the price was one stook of outfield oats for each husbandman. 



1663] BARON COURT OF STITCHILL 27 

plewed be them for ther releiff'e fra the awners therof propor- 
tionally. 

The qlk day William Hoggearth younger is decerned to pay 
to Richeard Guttraw twelv punds Scots viz., six punds therof 
at Witsonday 1663 and other six punds at Witsonday 1664. 

Ita est Attestor ego Thomas Pearsone Notarius Publicus 
elk. 

Heid Barroun Court holden at Stitchell Kirke upon the (23) 
seaventein day of January jajvi" thre scors and thre yeires be ' 
the befor designed Robert Pringle of Stitchell himself. 

The qlk day the haill tenants within this Barrony of 
Stitchell compeired all personally and tuike Instruments of 
ther compeirance. 

The qlk day Johne Crottar servant is ordained to enter to Broken engage- 

mcnt. 

Johne Stevisone in Humebyres his maisters service or els 
to pay to his said Maister fyve punds for fee, twelve shillings 
for shoes, and twenty foure for new hose. 

The qlk day Patrick and Alexander GifFen lawful sons to A Fathers 
the deceast Andro GifFen in Rinenburne are decerned as Intro- 
mettors with ther deceast fathers guids to pay to James 
Thomsone Wobster in Stitchell thretty six punds Scots at 
thre tymes, viz. twelv punds therof at Mertinmas nigh to cum 
in this present yeir of God 1663 yeires, and twelv punds at 
Witsunday 1664 yeires and uther twelv punds in compleit 
payment of the said haill sowme at Mertinmes nixt therafter 
1664 yeires. 

The qlk day the haill tenants within this Barony who are Rents and 
awand their mail], fermes, and dewty for the cropt of yeires 
1662 and for all uther yeires and cropts preceiding com- 
peired all judicially and enacted and obleist themselves 
to make payment therof within fyftein days and are de- 
cerned conform to ther ane confessioun to make payment 
therof. 

The qlk day James Wilson merchand in Stitchell is j udici- A claim for 
ally decerned to pay to Johne Lowry younger for a swyne °""'^" 
killed be him twa merkes and assoilzied fra the rest of the 
claime. 

The qlk day the said Barron takeing into his serious con- May 15. 



THE MINUTES OF THE 



[1663 



sideratioun what great skaithe and damage this Barrony hath 
sustained these diverse yeires byegane be destroying of ther 
corne be keiping of swyne in the Summar tyme, Thairffoir it 
is now statute and ordained with advyce and consent of the 
famous men of the Inquest that no person whatsumever within 
this Barrony shall keip ane swyne efter the fyftein day of May 
untill the first teynding day yeirly in all tyme cumeing under 
the paine of awght punds Scots money to be payed be ilke 
transgressor and contravener of this Act without modifi- 
catioun. 



(24) 

1663, Dec. 3. 



Straike and 
Riot. 



Arbitration 
anent a mare. 



Maills and 
Stent duties. 



Ferme Beir. 
Grass-maill. 



Ane uther Court holden at Stitchell Kirke upon the threid 
day of December be the said Right Worthy Robert Pringle of 
Stitchell Barroun. 

The qlk day John Lowry confest judicially that he 
comitted Straike and Ryot upon James Campbell wherfor 
he is unlawed and amerciat in the sowme of Ten punds Scots 
money. 

Thomas Henrisone Tailzieour is decerned to pay to Robert 
I.illie smythe confe'st be the Defender fyve punds. The qlk 
day Johne Stevisone in Humebyres judicially elected Robert 
Hamiltoune, and Adam Hoggarth to be Arbitors for him ; 
and John Lamb and Andro Watson nominat Henry Hamil- 
toune and James Campbell for them, anent the difference of a 
Meir bought be the said Johne fra them with warrandice ther- 
of and in case of variance betwixt the said Arbitors John 
Lowry is elected Odsman and both parties are decerned to 
obey their Decreit Arbitrall. 

The qlk day the haill tenants of this Barrony are judicially 
decerned and ordained to pay their said Mailles and Stent- 
dewties within Mertimas last bypast and sickelyke of their 
haill Mailles and Termes awand be ilke ane of them pro- 
portionally ilke ane for their awn pairtes and for all uther 
yeires Cropts and yeires preceiding restand awand and un- 
payed, 

The qlk day the haill tenants and possessors of the auld 
Lady her lyferent-lands are decerned to pay to her ... of 
her ferme Beir beffor the Cropt and yeir 1662, and their grass- 
maill dewty to her for the yeire and cropt 1663. 



1663] BARON COURT OF STITCHILL 29 

Another Barroun Court holden within Stitcheli Placei upon (25) 
the 26 day of December forsaid 1663 yeires Be the said ' ^' 
Robert Pringle of Stitcheli Barroun forsaid. 

The qlk day the said Barron haveing heard the clame and 
lybell given in by the Procurator ffiscal of this Barroun Court 
against Andro Hoggeard for blood coniitted be him upon Blood. 
Alexander Lowry in Queenscairne,^ The said Andro compeared 
judicially and denyed the said blood. It was, in place of all 
further probatioun referred to his aithe of verity and the said 
Defender refused to depone, wherfor he is holden as confest Oath of Verity 
and unlawed and amerciat in the sowme of fyfty punds at the ^^ "^^ ' 
Laird's mercy. Anent the said Blood- wyte bothe the pairties Bloodwyte. 
denyed the samyn wherfor the said Barroun referred the 
samyn to ane Inquest. So being all sworn and judicially 
elected, Johne Donaldsoune is Chancellor therof, and the said 
Chancellor and Inquest all in ane voyce finds the said Alex- 
ander Lowry to be guilty of the said Blood-wyte becaus the 
said Andro first bedded the Kylle and the said Alexander 
offered to stopt him and dispossess him and his rowme^ at his 
awn hand brevi manu wherfor the said Barroun unlawed and 
amerciat the said Alexander for the said Blood-wyte in the 
sowme of twenty fyve punds. 

The qlii day the said Andro Hoggeard found Robert Law Burrows. 
Hamiltoune in Stitcheli, Caution, Surety and Law Burrows 
for him; and the said Alexander found James Campbell 



' Stitchill Place was the designation of the mansionhouse where this Court 
was being held, instead of the church as heretofore. 

^ Queenscairne is a farm upon Stitchill estate. It seems to have been a 
dower-house at which old Lady Stitcheli was residing. William Veitch, the noted 
Covenanting preacher, was concealed there when the dragoons were actually 
searching the place for him after the conventicle at Lauder Moor. The name 
is thought traditionally to have been derived from the fact that the queen of 
James II. was residing at the place with her son when the news was brought to 
her that her husband, the king, had been killed at the siege of Roxburgh Castle, 
a few miles distant. 

' This was one of the many petty annoyances inseparable from thirlage. 
Each person bringing corn to be ground had to stand his rowrae, i.e. wait his 
turn at the mill. There was, of course, opportunity here for favouritism, 
bullying, etc. The servant of the miller had much in his power also, according 
to the amount of knaveship given to him. This was his allowance out of each 
one's sack of corn. 



THE MINUTES OF THE 



[1663 



Caution for him that they and theirs shall be harmless and 
skaithless of uthers in all tym comeing, otherways by order of 
law and justice, and the principals are bound to releeve ther 
Cautioners. Thos. Pearsone, Notar Pub. elk. 

The qlk day George fFrenche is judicially decerned to pay 
Margaret Lady to Margaret Scot Laidy Stitchell elder, ane hundredth punds 
Maiils. Scots money for the Maill of these her lyferent lands confest 

be him for the Teirme of Mertimas last bypast 1663 yeires 
within fyfteen days nixt efter he be charged therto Together 
with thretten Bolles of Beir and thretten Bolls of aits meill of 
the quantity and quality conteined in his Tack at Candlemas 
nigh to cum in anno 1664! for the yeire and cropt 1663 
yeires. 



(26) 

1664, Jan. 



Assault. 



Bloodwyte. 



Guilty. 



Ane uther Barroun Court balden at Stitchell Place within 
the Gairden upon the fourthe day of January 1664 yeires, be 
the said Robert Pringle of Stitchell, Barroun foresaid. 

Curia legittime afflrmata. 

The qlk day the said Barroun haveing heard the clame and 
lybell given in be the Procurator fEscall of this Court upon 
Edward Stevisone in Humebyres for Blood alledged comitted 
be him upon John Donaldsone in Nether Stitchell, the said 
Edward compeared personally and denyed judicially the said 
Blood. 

The said Johne Donaldsone also compeared and confest 
Blood-wyte be first casting a cup at the said Edward and 
becaus the said Edward denyed the said Blood theirfor the 
said Barroun referred the samyn to the knawledg of ane 
Inquest. 

Inquisitio: — Robert Hamiltoune, Adam Haggeard, James 
Campbell, Andro Nizbet, Richeard Guttraw, George fFrenche, 
George Smythe, Robert Tailzieour, Robert Hogge, William 
Watsone, Henry Hamiltoune, John Guttraw, Thomas Lambe, 
John Smythe, Richeard fFairbairne. 

The saids famous men of Inquest efter they were all solemnly 
sworne being all inclosed nominate and elected the said 
James Campbell as Chancellor of the said Inquest who all in 
ane voyce efter mature deliberatioun tryall and examinatioun 
finds and declares John Stevisone in Humebyres lawful brother 



i664] BARON COURT OF SlTrCHILL 31 

to the said Edward to have comitted the said Blood upon the 

said John Donaldsone Theirfor the said Judge and Barroun 

conform to the said Act and conviction, unlawed and amerciat 

the said Johne Stevisone in the sowme of fyfty punds at the Blood ^50. 

Lairds mercy. And the said John Donaldsone for Blood-wyte 

in twentyfy ve punds and the said Edward for a Ryot and Bioodwyte £2$. 

Straicks in fyve punds Scots. ^'°' j^ 5- 

The qlk day Robert Lillie, smythe in Stitchell and Alex- 
ander Ceddy are fand both guilty of Straicks and Ryot ilke 
ane upon uthers, theirfor they are unlawed, in ilke ane fyve Rio' £s- 
punds Scots. 

The qlk day John Guttraw for his violent intromissions and 
his illegal possessioun of a housse possessed be James Lowry Illegal pos- 

, session ±^, 

is unlawed in fyve punds and ordained to repossess the said 
James Lowry therto aye and til he be lawfully removed and 
legally ejected. 

The qlk day Issobell Stevisone relict of the deceast Richeard Claim. 
Guttraw younger, and James Lowry as her present spouse, 
for his interest are decerned to give John Guttraw as uncle 
on the fathers syde Tutor Administrator to Richeard Guttraw 
his nephew and pupill sufficient moveables and pennyworthe 
for twa hundredth and fourty merkes Scots money and the 
said Johne is ordained to accept of the said Moveables and 
give Bond of Security to his said nepphew therfor, and dis- 
charges the said Issobell and her said spouse for his interest 
therof and the said Moveables are to be apprysed befFour 
neutrall men being twa for ilke pairty. 

The qlk day James Lowry became Cautioner, Surety and Lawburrows. 
Law Burrows for the said Edward Thomsone that the said 
John Donaldsone and his shall be harmless and skaithless 
of him and his in tym cumeing otherways be order of law and 
justice under the pane of fyfty punds ; and the said Principall 
has willingly obliged and enacted himselfe for releifFe of the 
said Cautioner sic subscribitur Edward Thomsone. 

The qlk day John Lowry Barroun Officer is decerned pre- Boundary, 
sently by Court to take the Bourlawmen with him and clear 
that ditch-reach on the gait betwixt the lands possest be George 
ifrenche and James Campbell and to regulate the passage therof 
in all tym cumeing. Thomas Pearsone Notar Pub, cler. 



32 



THE MINUTES OF THE 



[1664 



(27) 

1664, Ap. 28, 



Servant's Fee, 



Decreit lo 

Walter Pringle. 
Margaret Lady 
Stitchill. 



Katharine 
Lady Stitchell. 

Silver- and 
grass-maills. 



Apprysing of 
Eaten corn. 



Ane utlier Barroun Court halden be the befFor designed 
Robert Pringle of Stitchell Barroun upon the twenty aWght 
day of Apprylle 1664 yeires. The qlk day Issobell Stevison 
relict of the deceast Richeard Gottraw younger and James 
Lowry now her pi'esent spouse for his interest are decerned to 
pay to . . . Davidsone her lait servant for his fee confest be 
the said Defenders Sllib. 

The qllc day John Guttraw, Robert Hamiltoune, and Adam 
Haggeard are decerned to pay to Walter Pringle secund law- 
full brother to the Laird, as assignee, constitute be Margaret 
Scot Laidy Stitchell younger ^ his mother, ther haill Maills and 
fermes dew be them to her for her lyferent lands and possest 
be them ilke ane for ther awn pairtes for the teirme of 
Candlemas lait bypast 1664 yeires instant. 

And the said Margaret Scot her haill uther tenants and 
possessors of her said lyferent lands are j udicially decerned to 
pay to her ther haill Mailles and fermes for the said Teirme of 
Candlemas last bypast restand awand and unpayed ilke ane 
for ther awn pairtes. 

The qlk day the haill tenants and possessors of these lands 
perteining in lyferent to Katherein Hamiltoune Laidy Stitchell 
eldest, are decerned to make payment to her of ther silver 
Mailles and grasse-Mailles restand awand and unpayed be 
them for the cropt and yeir of God 1663 yeirs last bypast; 
and also of ther haill Maills, fermes, kaynes, and yeirly dewtie 
dew to her for all uther yeirs and Teirmes preceiding ilke ane 
for ther awn pairtes. 

Ita est Attestor ego Tho. Pearsone Notar. Pub. cler. 

The qlk day the said Judge and Barroun takeing to his 
serious consideratioun that diverse and sundry persouns within 
this Barrony are persewed beffor this Barroun Court for cornes 
eatten be ther Bestialls and apprysed be their knowledge for 
remeid whereof it is statute and ordained that all eatters of 



» This lady was the widow of John Pringle (father of Robert the laird), who 
himself had not lived to succeed his father. She had two sons, Robert, the 
present laird, and Walter, junior, later of Graycrook, advocate, mentioned by 
Wodrow as ably pleading for the Covenanters taken after the Battle of Bothwell 
Bridge in 1679. Katherine Hamilton, the eldest Lady Stitchill of all, was still 
living, as is evident from the next paragraph but one. 



i664] BARON COURT OF STITCHILL 33 

come be first wairned befFor the samyn be urged be the 
Barroun officer or Bourlaw officer and see it apprysed qlk 
wairning being made beffor witnesses the said apprysing shall 
be sustained whether the Defender compeir to heir or see the 
said apprysing or not. 

Also it is statute and ordained that all eatten come be 
apprysed in tyme cumeing be twa Bourlawmen only. 

The qlk day James Lennox schoolmaster called and not Schooimastei 
compeiring is decerned to pay to Andro Nizbet in Stitchell "^^"^ ^""^ '^'" 
Mylle for a yeires Mailles and Teinds of a Coatt house fyve 
punds Scots with thre kayne hens or else five shillings for ilke Kayne hens. 
undelivered hen and contineus the Extract heirof for ten days 
till the Defender be heard be the Laird if he have anything to 
object becaus of his present absence. 

The qlk day John Guttraw is judicially absolved quyte and Absolved. 
freed of those six ewes and six lambes persewed be Issobell 
Stevisone, and also of the interest money for thre quarters of 
ane Husbandland because he produced a Discharge ther for to 
him be the deceast Richeard Guttraw younger his brother 
and her umqhile husband befibr his decease. Tho. Pearsone 
Notar. Public, cler. 

Ane uther Barroun Court halden at Stitchell Kirke upon (28) 
the nynteen day of November jajvi" thre scoir and foure yeires '^^4. Nov. ] 
be the beffiDr designed Robert Pringle of Stitchell Barroun 
forsaid. 

The qlk day the said Judge and Barroun takeing to his Act support! 
serious consideratioun how necessar it is for advanceing the g'^ggs^'^'"' 
glory of God the cherisheing and nourisheing of piety and 
vertew within this parochin and for punisheing of vice for 
incouragement to weill doers and for terror to all those who 
inclyne to doe evill within this Parochin. That the Ministers, 
Elders and Kirke Sessioune have the concurrence and assist- 
ance of the Civil Magistrat for corroborating of ther Acts to 
be made be the said Kirke Sessioun and his auctority inter- 
poned therto that sicke persons as shal be convict be them 
may heirefter stand in aw to doe evill. Theirfor the said 
Barroun has judicially statute and ordained that the Barroun 
Officer of this Barrony and his successors in the said Office 



34 THE MINUTES OF THE [1664 

shal put to full executioun be law all Acts of the Kirke 
Sessioun against all persouns convict be them and to caus 
payment of the penaltyes imposed be them to be made and to 
poynd, arrest and use all legal executioun therefor and to take 
the Extract of the Kirke Sessioun for his Warrand becaus 
there was a desyre and lybell given in be Maister David 
Starke Minister at Stitchell for that Office, qlk desyre the 
Barroun thought reasonable. 

Brewer. The qlk day John Guttraw ex consensu rei is decerned to 

pay to Issobell Pringle, Brewer nyne punds ten shillings. 

Crooked horse. The qlk day George ffrenche is absolved, assoilzied and 
judicially quyte of payment often merkes acclamed be Robert 
Lillie as Caution for Johne ffrenche his brother for cureing 
of a cruiked horse becaus the said Robert to depone reserve- 
ing actioun to the persewer to persew the Principall. 

Negligence ;^s. The qlk day Johne Hamiltoune for his negligent intromis- 
sioun with Agnes Cottersone her comes and away takeing of 
the samyn from the field instead of and in place of his awn 
is unlawed and amerciat in fyve punds Scots. 

Contempt ^lo. The qlk day James Prestoune being lawfully wairned not 
compeiring is decerned to pay to John Lillie Ten punds. 

Eaten corn. Patricke Giffen, James Lambe, and Johne Haggeard are 

decerned to pay to Johne Donaldsone proportionally con- 
forme to ther possessioune seaven halfe fuUes of aits eatten 
be ther Bestiall or else fyve merkes for the pryce of the Bolle 
therof. 

Carriage of The qlk day James Lowryes (eister and wester) and James 

^°° ^' Lambe are all three decerned to pay ilke ane of them for 

bygane Cairiages to Katherein Hamiltoune Laidy Stitchell 
eldest 81ib. 

Katharine The qlk day the haill tenants and possessours of the said 

ay ice. j5[g^|.jjg^ygjjj jjgj. lyferent lands are decerned to pay to her ther 

haill Mailles, fermes, kaynes and Cairiages ^ dew be them to her 

at Mertimas instant 1664 yeires and also for all uther yeires 

preceiding restand awand and unpayed. 

Byegone duties, The qlk day the haill tenants within this Barrony are all 



' These are examples of three forms of payment, viz. -. Rents in money, 
fowls as rent, and several carryings of coals or other burdens as service. 



i66s] BARON COURT OF STITCHILL 85 

judicially decerned and ordained to make payment of ther 
haill Mailles, fermes, kaynes, cairaiges and grass-mailles dew 
by ilke ane of them for ther awn pairtes conforme to ther 
severall possessiouns for all yeires and Teirmes byegane restand 
awand and unpayed within fyfteen days nixt efter they be 
chairged therto under the paine of poynding. 

The qlk day George ffrenche and Thomas Lambe obleist Lawburrows. 
and inacted themselves judicially that non of them shall 
trouble or molest each other in tym cumeing in body, guids 
or name be word or deid utherways nor be order of Law and 
Justice under the paine of Twenty punds Scots money for ilke 
failzie. 

The qlk day it is judicially statute and ordained that no The Laird's 
person within this Barrony presume nor tacke upon themselves ^'" °' 
to leid, collect, or away take any of his Stocks of corne or 
grass from wher it grows till the Laird his Teynds be first 
collected and fully away taken both in the Nether town and 
Barrony Except be particular liberty fra the Laird himself. 

The qlk day John Lowry Barroun Officer is ordained to Riot. 
conveine and bring before the Laird within awght days nixt 
efter the dait heirof Robert and John Lillie and Margaret 
Dickesoun and ther witnesses for cleareing of that Ryot and 
Differences betwixt them under the paine of fourty shillings 
Scots for ilke absence. 

The qlk day Matthew Thompesone for Deforcement given Deforcement 
be him both to the Barroun Officer and the Bourlawmen is ^^' 
unlawed in 51ib. And it is statute and ordained that non 
within this Barrony giffe Deforcement neither to the Barroun 
Officer nor Bourlawmen nor Bourlaw Officer in tym cumeing 
under the lyke paine of fyve pund Scots without modifica- 
tioun for ilke Deforcement. 

Ane uther Barroun Court halden at Stitchell Kirke upon (29) 

the 20th day of Apprylle 1665 be the beffor designed Ryt '^^S. April 20, 
Worthy Robert Pringle of Stitchell Barroun forsaid him- 
self e. 

The qlk day the haill tenants and Coatters within the 
Barrony of Stitchell compeired all personally and took 
Instruments of ther Judiciall apeiring. 



36 



THE MINUTES OF THE 



[1665 



Lady Stitchill 
younger. 



Riot ;^5 



Kayne hens. 



Bringing home 
coals. 



Margaret Scot 
Lady Stitchell. 



Claim. 



Multure ab- 
stracted ^^5. 



The qlk day John Guttraw is decerned ex consensu rei to 
Walter Pringle as Assigney lawfully constitute be the Laidy 
Stitchell younger his mother for Candlemas last bypast 1665 
instant fyfty punds. 

The qlk day James Wilsone for Straickes and Ryot 
comitted be him upone James Cranstoune his brother-in-law 
is unlawed and amerciat in fyve punds. 

The qlk day Mr. Robert Hopper is found to be dew and 
decerned to pay to the Kaynes of Sweethope for crop 1664 
six hens. Also Johne Donaldsone is decerned to pay the 
twa pairtes of those kayne foulls dew for the land possest 
be Issobell Stevisone for the said cropt 1664 and the 
said Issobell Stevisone herselfe the third pairt therof Becaus 
the haill moveables are swa pairted betwixt her and the 
Minister. 

The qlk day it is statute and ordained that all within this 
Barrony who bring not in ther proportioun of coalles beffor 
Lambes yeirly (being foure tymes lawfully wairned be the 
Barroun Officer for that effect) shall efter the said Teirme of 
Lambes als weill buy them upon ther awn expenses as bring 
them home yeirly in all tym cumeing. 

The qlk day the haill tenants and possessors of these lands 
pertaining to Margaret Scot Laidy Stitchell younger in 
Lyferent are decerned to pay ther haill Mailles fermes and 
dewty as dew be them ilke ane for ther awn pairtes for the 
Teirme of Candlemas 1665 last bypast. 

The qlk day John Woode is decerned ex consensu rei to pay 
Johne Aitken fourteen punds twelv shillings. 

The qlk day Patrick Giffen is decerned to pay to Andro 
Nisbet ex consensu rei viii lib. 6 shillings. 

The said Patrick Giffen is also decerned to pay to Robert 
Lillie smythe for Smydye werke Ten punds 12 shillings 5d. 

The qlk day George ffrenche confest he abstracted his 
multures fra Stitchell Mylle to the prejudice of the possessor 
therof contrair to former Acts of this Barroun Court vi^herfor 
he is unlawed and amerciat in fyve punds and to pay to Andro 
Nizbet Double Multure for a fulle of malt confest befor 
be him. 

The qlk day it is judicially statute and ordained that non 



1 665] BARON COURT OF STITCHILL 37 

within this Barrony abstract ther Multures ^ Meall nor Malt 
in tym cumeing fra Stitchell Mylle, but that they bring ther 
haill grinding come and malt therto to pay Mylle Dewties 
used and wont therfor under the payne of fyve punds and 
Double Multures to the possessor of the Mylle for the come 
and malt so abstracted and that the possessor of the said 
Mylle and his sub myllers keep the said Mylle in gud opera- 
tioun and do gud and thankefuU service to the people thirled 
and therto resorting under the lyke paine. 

The qlk day James Macdowell and William Moffat for Bridal Brea 
buying of bread to ther Brydall in prejudice of the possessour ■^'°' 
of Stitchell Mylle contrair to former Acts of this Barroun 
Court are unlawed ane amerciat in ilke ane ten punds at the 
Lairds mercy and the said James to pay the possessour of 
the Mylle for Double Multure of twa fuUes quheat confest 
abstracted be him six shillings 8d. and the said William 
for a double Multure of a fulle of quheit abstracted be him 
3 shillings 4d. 

The qlk day George Hoppe is judicially elected Bourlaw Pundier. 
Officer or Pundier in Nether Stitchell who deponed his oathe 
de fideli administratione officii without partiality favor hatred 
or malice. Tho. Pearson Notar. Publ. cler. 

Ane uther Barroun Court holden be the beffor desygned (3°) 

Ryt Worthy Robert Pringle of Stitchell at Stitchell Kirke '^^^' "^"^ 
upon the 9th day of December 1665 yeires. 

The qlk day John Guttraw in Stitchell is judicially decerned Claims. 
ex ccmsensu rei to pay to William Swanstoune in Hume six- 
teen punds Scots. 

The qlk day the said John Guttraw ex consensu rei is 
judicially decerned to pay to John Lillie, smythe, 91ib. 5s. 
lOd. ; Also William Hoggeard, wester, to the said Johne 
61ib. 3s. 4d. ; also Adam Hoggeard to the said John Lillie, 
51ib. 13s. 7d.; also John Hoggeard a^ia* Calseyend viii lib.,viii s., 
lOd. ; also George ffrenche to the said John Lillie for Smydy 



^ If a person refrained from sending his corn to the mill to which he was 
thirled, and sold it or sent it to be ground at some other mill, he was considered 
to have defrauded the miller of his duties, and became liable for the penalties 
imposed for what were called abstracted multures. 



38 



THE MINUTES OF THE 



[i66s 



werke confest awand 15s. with halfe a fuUe of quheit. The 
qlk day Thomas Henrysone in Stitchell is decerned to pay to 
James Campbell maltman 4 lib. Thos. Pearsone Notar. Public, 
cler. 

Ox ^^'is. los. The qlk day James Lowry eister in Nether Stitchell is 

judicially decerned ex consensu rei to pay to John Smythe in 
Over Stitchell for the agreed pryce of ane ox bought and 
receaved be the said James 181ib. 10s. 

That Ryot and Straickes betwixt Issobell TurnbuU and 
John Henrysone is contineued till Tuesday nixt and John 
Lowry Officer to convene the pairties beffor the Laird at 
Stitchell Place that day. 

Claims, The qlk day haveing heard the clarae given in be James 

Wilsone Mercheand against Alexander Eiston, the said Judge 
did ordaine John Donaldsone and James Campbell to be 
auditors to ther accompts,who efter mature deliberatioun found 
the said Defender to be dew to the said persewer 71ib. 2s. 
wherfor the said Judge decerned for the said sowme to be 
payed be the said Defender. 

Rents. The qlk day the said James Wilsone Mercheand is decerned 

to Margaret Scot Laidy Stitchell younger for the ferme of 
that parcell of the Maynes lande possesst be him for the yeir 
and cropt 1664 yeires Twelv punds 10 shillings. More for 
grass Maille 61ib. made 181ib. 10s. 

The qlk day that Ryot betwixt George ffrenche and 
James Lambe is continewed till Tuesday nixt to be examined 
at Stitchell Place beffor the Laird. 

The qlk day the Settling of that Act for cutting of trees 
within this Barrony is continued till the nixt werke at 
Stitchell Place. 

Assoilzied. The qlk day heaveing heard the clame given in be Thomas 

AUane Tinckler against Alexander Lowry eldest lawful son 
to the deceast Alexander Lowry his father acclaming fra him 
thre punds ten shillings restand unpayed be him to his deceast 
father Beffor his decease desyreing that as he as heir or owner 
or intromittor titulo lucrativo, or be any passyve tytells myght 
be decerned to mak payment therof The said Defender com- 
peired judicially and denyed that he ever intromitted with 
any of his deceast fathers guids geirs or moveables less or mair 



1 666] BARON COURT OF STITCHILL 39 

titulo lucrativo qlk was clearly understood be the said Judge 
wherfor he was judicially absolved, assoilzied, quyt and freed 
fra the said clame fra ever. 

Tho. Pearsone Notar. Public, cler. 

Ane uther Barroun Court halden at Stitchell Kirke upon (31) 
the secund day of January jajvi" threscoir and six yeires Be the ^^^^' J^°" " 
before designed Robert Pringill of Stitchell Barroun forsaid. 

The qlk day Walter Elliot and Robert ffrenche confest Blood £$0. 
judicially that they bothe comitted Blood ilke ane upon 
uther, wherfor they are unlawed and amerciat in ilke ane 
fyfty punds at the Lairds mercy. 

The qlk day Richeard ffairbairne, John Smythe, Joanet Arbiters. 
Bogge have judicially submitted themselves to John Lowry 
arbiter for the said Richeard and Johne Smythe and to James 
Campbell Arbiter for the said Joanet Boge anent the nixt amic- 
able divisioun of the guids and geir perteining to umqhile 
Robert ffairbairne only sone to the said Richeard and spous to 
the said Joanet Boge and anent all uther clames and diflf'erences 
betwixt them for all causes and occasiouns bygane And the 
said twa arbiters are to conveine, and pronounce their finall 
Sentence theranent within fyfteen days. 

The qlk day anent that clame given in be Adam Hogeard Assoilzied. 
against Robert Guttersone acclaming fra him awght peckes 
of ait meall for nuorisse, the Defender denyed the said clame 
qlk was referred to the persewers probatioun, whereintill the 
said Adam failzied and succumbed, therfor the Defender is 
judicially assoilzied absolved quyte and freed fra the said 
clame fra ever. 

Ane Heid Barroun Court halden at Stitchell Kirke upon {32) 
the 24 day of March jajvi" threescoir and six yeires be the ^ ' 
Beffor desygned Ryt Worthy Robert Pringill of Stitchell 
Barroun forsaid. 

The qlk day the haill tenants and coatters within this 
Barrony compeird all judicially and tuike Instruments of ther 
compeiring. 

The qlk day Adam Haggeard in Stitchell is judicially 
decerned ex comensti rei to pay to James Pattersone in ffogo 



40 THE MINUTES OF THE [1666 

Half year for fee and Bountith for halfe a yeires service awght punds 

* ■ ^^' thretein shillings. 

Claims. -phe qlk day John Guttraw in Nether Stitchell is decerned 

ex consensu rei to pay to William Watsone gairdener seaven 
punds 5s. 

The qlk day the said Johne Guttraw is decerned conforme 
to his awn confessioun to pay to Andro Nizbet in Stitchell 
Mylle and William Nizbet his soune threten punds ten sh. 
The qlk day James Campbell is j udicially decerned to pay to 
William Haggeard wester, for wheit be the oathe of said 
Defender 61ib. 15sh. The qlk day James Wilson Mercheand 
is decerned to pay to Johne Underwoode Beddell, thretty thre 
punds and continew the Extract heirof till the penult of this 
moneth till the Defender be heard be the Laird in his defence, 
(if he has any becaus of his present absence) or else to be 
extracted. 

The qlk day James Lowrie eister, is decerned to pay to 

Katherein Eastoun relict of the deceast Robert Lillie smyth in 

Stitchell Ten punds seaven shillings ten pennyes. 

Margaret Scot The qlk day Robert Hamiltoun in Nether Stitchell is 

younger. ' judicially decerned ex consensu rei to pay to Walter Pringill 

Rents. Advocat^ as assigney constitute be Margaret Scot Laidy 

Stitchell younger his mother for the Maill of that land 

possesst be him perteining to her in lyferent for the yeir and 

cropt 1665 yeires payable at Candlemas last 1666 yeires 

instant Twentie fyve punds; also to pay to him the Maill 

and dewty of the said land for all uther yeires and Teirmes 

preceiding restand awand and unpaid. 

Also John Guttraw is decerned to pay to the said Walter 
as assigney forsaid his Maille and dewty for the said lyferent 
lands possest be him for the Teirme of Candlemas last 1666 
yeires and for all uthers Teirmes preceiding unpayed. 

The qlk day Richeard Guttraw, George Hamiltoune alias 
Hill, George Dickesoune, Adam Haggeard, Johne Donaldsone, 
James Lowry, Johne Hamiltoune, Adam Hamiltoune, James 
Wilsone are all judicially decerned ex consensu rei to pay to 



1 Brother of Robert the laird, and counsel later for the Bothwell Bridge 
Covenanters, 



i666] BARON COURT OF STITCHILL 41 

Margaret Scot Laidy Stitchell younger their haill Mailles and 
dewties dew be them for the said hyr lyferent lands possest be 
him for the Teirme of Candlemas lastbypast jajvi" thre scoir 
and six yeires and for all uther yeires and Teirmes preceiding 
restand awand and unpayed ilke ane for ther awn pairtes. 

The qlk day John Haggeard alias Calseyend is decerned Claim. 
to pay to Johne Guttraw thre punds twa shillings reserveing 
actioun to the defender to persew John Lyllie smythe younger 
for his relieffe of 26 shillings therof. 

Tho. Pearsone Notar. Public, cler. 

Ane uther Barroun Court halden at Stitchell Kirke upon (33) 

the twenty foure day of September jajvi" threscoir and six ' ' ^^' '^' 
yeires be the Beffor desygned Right Worthy Robert Pringle 
of Stitchell Barroun forsaid. 

The qlk day Johne flrenche in Over Stitchell is decerned Claims. 
to pay to Thomas Gray in Smailholme fyftein punds sixtein 
shillings principall with twenty shillings expenses viz., six lib. 
therof at Mertimas nixt 1666, Slib. therof at Mertimas 1667, 
Slib. therof at Mertimas 1668, uther thre punds with the 
expenses at Mertimas 1669 yeires. 

The qlk day it is statute and ordained that ilke husband- Tax for sharp- 

cninc siclclcs 

land within this Barony shall pay a sufficient Stouke of outfield 
aits^ yeirly proportionally in tym cumeing for shairpeing 
corne to Robert Lillie smythe ; and the former Act made in 
favor of the smythe stand in force for tymes byegane. 

The qlk day Johne Guttraw is decerned to pay to Walter Rent. 
Pringle advocat for his Mail! for the Teirme of Lambes last 
bypast and uther tymes preceiding thre scoir twa punds 
fourtein shillings 8d ex consensu rei. 

Also Robert Hamiltoune is decerned to pay to the said 
Walter for Lambes last 1666 twenty fyve pundes. 

The qlk day Adam Haeeard, Richeard Guttraw, Johne Lady Stitchell, 

.1.. younger. 

Donaldsoune, James Lowry, Wylliam Gottersone, William 
Hogeard, George Hamiltoune (hill) and Johne Hamiltoune are 
all decerned to pay ther severall proportiounes of ther sowmes 



^ One-fourth of the farm land lying next the farmhouse was more thoroughly 
fertilised than the remainder, and was called infield. The remaining three- 
fourths formed the outland or outfield. 



42 



THE MINUTES OF THE 



[1666 



Interest. 
Trespass. 



Fee ^3. 
Rents. 



dew be them to the said Laidy Stitchell younger for the 
Maynes for Lambes last 1666 yeires and for uther yeires and 
times byegane restand awand and unpayed. 

The qlk day George iFrenche ex consensu rei is decerned to 
pay for Interest Mony yet restand unpayed fyftein pundes. 

The qlk day it is judicially statute and ordained that the 
Tennants in the Over Toune keipe their Cattell from the 
ground grasse and pasture of Homebyres possest be Mr. 
ffrancis Pringill Sommer and Winter under the paine of six 
shillings Scots for ilke beast horse or nolt. 

And the said Mr. ffi-ancis inact himselfe judicially that his 
Cattell and Bestiall shall abstain fia the ground and pastures 
of the Over Toune of Stitchell under the lyke paines. 

The qlk day Thomas Gray in Smailholme ex consensu rei 
is decerned to pay to Margaret Dickesoune for fee 31ib. 

The qlk day all within this Barony who are awand ther 
rents, maills, and fermes for Mertimas last 1665 and for the 
said Cropt j udicially decerned to make payment therof. 



(34) 

1666, Dec. 13. 



Feej^7. los. 



Bridal Bread. 



Decree in 
Absence. 



Grassmaille. 



Ane uther Barroun Court balden at Stitchell Kirke upon 
the threttein day of December jajvi" threscoir six yeires be 
the befFor desygned Right Worthy Robert Pringill of Stitchell 
Barroun forsaid. 

Curia legittime affirmata. 

The qlk day James Lowry in Nether Stitchell is j udicially 
decerned ex consensu rei to pay to William Service for fee seven 
punds ten shilling. 

The qlk day Andro alias David Haggeard for buying of 
bread to his Brydall contrair to former Acts of this Barroun 
Court is unlawed in Ten punds at the j udges mercy and he is also 
decerned to pay to Andro Nizbet possessor of Stitchell Mylle 
for the Multure of that abstracted quheit ten shillings Scots. 

The qlk day William Moffat lawfully cited ofttymes called 
and not compeiring is holden as confest and decerned to pay 
to George ffrenche in Over Stitchell Twenty seaven punds 
twelv shillings Scots and continewes the extracting of this pntt 
Decret till the twenty day of December instant that the De- 
fender may be heard be the Laird becaus of his present absence. 

The qlk day all within this Barrony and jurisdictioun lyable 



i667] BARON COURT OF STITCHILL 43 

in payment of grass-maille for the Teirme of Mertimas last 
bypast jajvi" thre scoir and six yeires are decerned ex consensu 
rei to make payment therof. 

The qlk day the haill tennents of this Barony are decerned Schoolmaster. 
to pay to Mr Thomas Halyburtoune Schoolmaister and pre- 
centor at Stitchell fourty pundes proportionally ilke ane for 
tlier awn pairtes conform to ther several possessiouns yeirly 
dureing his serveing of the said Cure as Precentor and School 
Maister at Stitchell Kirke proportionally in manner used and 
wont. 

The qlk day Robert Tailzieor and Alexander Lowry in Herd's corn. 
Queenscairne are decerned equally to pay to William Turne- 
bull hird there fyve fulles of aits with twa pecks and a halfe 
of humble come. 

The qlk day it is statute and ordained that non within this Bridal Bread 
Barrony who shall make Bryddell Bread herefter shall buy "*" 
their Brydell Aille and Drinke furthe of the Barrony but that 
they buy their haill Aille for the use of the Brydell fra the 
Brewers within the Barony provydeing the said Brewers make 
their Aille also gud and sell it to them for also a reasonable 
pryce as it is sold in the country and as they may buy it fra 
uthers under the paine of Ten pundes Scots money for the 
Aille bought out of the Barrony by and attour the satisfac- 
tioun to the possessor of Stitchell Mylle for the Multures of 
the Brydell malt together therewith. 

Ane uther Held Barroun Court holden at Stitchell Kirke (35) 

upon the sixtein day of ffebruary jajvi" thre scoir and seaven ^^^^' ^^^' ^^' 
yeires be the beffor desygned Ryt Worthy Robert Pringill of 
Stitchell Barroun forsaid. 

The qlk day John Hoggeard alias Calseyend is decerned ex Claim. 
consensu rei to pay to William Hoggeard wester in Nether 
Stitchell twenty punds foure shillings. 

The qlk day John Guttraw in Nether Stitchell is decerned Harvest fee 
ex consensu rei to pay to James Grieve in Tofts for harveist ^'^' 
fee seaventein punds fourtein shillings. 

The qlk day the said John Guttraw is also decerned to pay Harvest fee ^^4. 
to Henry ffairbairne in West Gordoun for harveist fee foure 
punds. 



THE MINUTES OF THE 



[1667 



Minister's Wife. 



Abstracted 
Multures. 



Wage. 



Arrestment 
loosed. 



Auditors. 



Ferme Beir. 



Schoolmaster 



The qlk Robert Hoge absent is holden pro cowfesso and 
decerned to pay to George fFrenche Thre punds 5 shillings 8d. 

The qlk day John Gottraw in Nether Stitchell is decerned 
to pay to Elizabeth Courtney^ pntt spous to Mr David Starke 
Minister at Stitchell for the modified pryce of twa corne 
sackes lost be the defender as was clearly verified judicially be 
the persewer fourty awght shillings'^ 

Continew that claime James Campbell possessor of Stitchell 
Mylle contra George ffrenche for abstracted Multures to the 
Laird his farther deliberatioun. 

The qlk day Robert Hamiltoune is decerned to pay to 
Thomas Wood confest for service thre punds fourtein shillings. 

Ita est attestor ego Thomas Pearsone Notarius Publicus cler. 

The qlk day Johne Guttraw is j udicially decerned to louse 
that arreistment made be Johne Aitken in the hands of Robert 
Lillie smythe and the said Johne Guttraw is decerned to 
delyver the corne sold be him to the said Robert Lillie suf- 
ficiently dry conforme to ther first condition, and efter the 
arreistment is loused ordaine the said Robert Lillie to pay to 
the said Johne Guttraw the agreed pryce for the said corne 
with all possible diligence efter the lousing of the said arreist- 
ment. 

The qlk day Johne Donaldsone and Robert Hamiltoune are 
judicially elected both be the judge and pairties to be auditors 
to the haill accompts betwixt the said John Guttraw and the 
said Robert Lillie and to give a perfect accompt of ther dili- 
gence to the Laird theranent within fyftein days. 

The qlk day James Wilsone is decerned to pay for the 
ferme beir of that pairt of huppers lands possest be him for 
the yeir and cropt 1665 and James Campbell is decerned to 
pay for the grass mailles of that land last possest be the said 
James Wilsone for the yeire and cropt 1666 yeires last bypast. 

The qlk day the haill tenants within this Barrony are all 
decerned to pay to Maister Thomas Halyburtoune School- 
maister and Precentor at the Kirke of Stitchell fourty punds 
yeirly proportionally furthe of the said Barrony conform to 

1 Elizabeth Courtney, spouse to Mr. David Starke, minister. The suggestion 
is here thrown out that this lady may have been the daughter of Mr. Starke's 
predecessor, whose incumbency ceased in 1613. 



i667] BARON COURT OF STITCHILL 45 

ther severall possessiouns ilke ane for their awn pairtes viz. for 
a yeir preceiding the twenty ane day of Marche nigh to cum 
and Teirmely in tyme cumeing at Witsunday and Mertimas 
Begineing the first Teirmes payment for his secund yeires 
service at Mertimas nigh to cum in this pntt yeir of God 1667 
yeires for the halfe yeir preceiding. 

The qlk day James Lowry eister is decerned ex consensu rei Katharine 
to pay to Katharein Hamiltoune Laidy Stitchell eldest for the Rent ;^ 30! ^ 
Teirme of Mertimas last 1666 for that land possest be him 
perteining to her in liferent thretty punds. 

Also James Lowry wester is decerned to pay to her and to Rent unpaid. 
her factors in hir name fourty shillings Scots mony resting 
unpayed of the yeir and cropt 1665 thretty punds for the 
maille of her lyferent lands possest by him for the yeir and 
cropt 1666 last bypast. 

Also Alexander GifFen is decerned be his awn confessioun Ferme Beir. 
to pay to the said Laidy Stitchell eldest for the ferme beir of 
that pairt of her lyferent lands possest be him for the yeir and 
cropt 1665 yeires Twelv punds twelv shillings. 

The qlk day James Lambe, James Lowryes eister and wester Loads of Coals. 
are decerned to bring some fourtietwa loads of byegane coalls 
in maner efter divyded viz., To the Laird ilke ane Ten loads 
therof ; and to the old Laidy herselfe be the said James Lambe 
four loads therof; be the said James Lowry eister awght loads 
therof; and be the said James Lowry wester uther Ten loads 
of the said coalls. 

The qlk day the said Judge and Barroun takeing to his Geese, 
serious consideratioun the great hurt and skaithe done be 
keiping of geisse within this Barrouny in Sumar in tyme 
byegane, Theirfor it is judicially enacted statute and ordained 
that non within this Barrony keipe Geisse in tyme cumeing 
from the first day of May untill the cornes be teynded, and 
teynds and stocks totally led home and inclosed in the Lairds, 
yeirly in all tyme cumeing under the pane of twenty shillings 
Scots for ilke failzier and attour payment of the skaithe to the 
pairty damnified. 

The qlk day the said Judge and Barroun haveing heard the Anentthe 
lybell and complaint given in be the haill tenants of this '^'""°' 
Barrony mentioning that the possessors of Stitchell Mylle and 



46 



THE MINUTES OF THE 



[1667 



My Hers ther will not suffer them to cast on seids on their 
beginning to grind their melder in maner used and wont both 
in this Mylle and uther Mylles : qlk being heard and considered 
by the said Barroun and he therwith being weill and ripely 
advysed did efter mature delibei'atioun statute and ordain that 
the owner of ilke Melder shall have liberty first to cast in a 
Neiffefful of seeds beffbr they grind their meill or sheillings. 
Also it is statute and ordained that the owner of the corne 
mak their awn sheilling in all tyme cumeing.^ 



. (36) 

1667, July 13. 



Damages. 



Claims. 



Ane uther Barroun Court halden at Stitchell Kirke upon 
the threttein day of Jully jajvi'' thre scoir seaven yeires be the 
befFor desygned Ryt Worthy Robert Pringle of Stitchell 
heretable proprietor of the saids lands and Barony therof. 

Curia legitime affirmata. 

The qlk day James Campbell ex consensu rei is decerned to 
pay to Robert Hamiltoune awght punds 13s. 4d. destroyed be 
his Bestiall apprysed be the Bourlawmen, and for thre halfe 
fuUes of aits eaten be his Bestiall and apprysed be the Bour- 
lawmen twentyfoure shillings Scots. And the said Robert 
offered to the said James to quyte him the said sowme con- 
teined in the said Decreit if he wold do him no more hurt 
nor skaithe in tyme cumeing and find him sufficient Cautioun 
for that effect anent his neyboirheid within awght days nixt 
efter the dait heirof in tyme cumeing. 

Whereupon James tuik Instruments and if the said Cautioun 
be not found within awght days the Decreit is to be extracted 
and put to all legall Executioun. 

Eodem die the said James Campbell ex consensu rei is 
decerned to pay to Richeard Guttraw foure pund 6sh. 8d. 

The qlk day Thomas Lambe is j udicially decerned to pay 
to Katharein Eastoune and Joanet Guttraw relicts of the 
deceast Johne and Robert Lillies lait smythes in Stitchell 
equally betwixt them twa for smydy werke and drinke 
threttein punds six shillings. 

The qlk day Alexander Giffen is decerned to pay to the 

^ The Black Dwarf ' was two years at Broughton Mill, employed in stirring 
the husks of oats, which were used for drying the corn on the kiln, and required 
to be kept constantly in motion.' — Horae Subsecivae, 11. 



1 667] BARON COURT OF STITCHILL 47 

said Kathreen Eastoune and Joanet Guttraw instructed be 
the saids deceast husbands their compt Book equally betwixt 
them twa, awght punds Scots. 

The qlk day Johne Wood, John Windrim couper being Bridal Bread. 
absent is holden as confest, and James ffairbairne for buying 
of quheit Bread to comoun Brydell contraire to former Acts 
of this Barroun Court in prejudice to the Myller are unlawed 
in ilke ane Ten punds at the Judges raodificatioune and mercy. 

Tho. Pearsone Notar. Publict, cler. 

Ane uther Barroun Court halden at Stitchell Kirke upon ,g 1^7)^ 
the fourtein day of September jajvi" threscoir and seaven 
yeires forsaid, Be the beffor designed Right Worthy Robert 
Pringle of Stitchell heretable proprietor of the haill lands and 
Barrony thereof. 

The qlk day William Moffat in Over Stitchell is judicially Claims, 
decerned to pay to Andro Dickesone in Ednam ex consensu ret 
Thre punds 16sh. Also James Lowry wester is decerned to 
pay to Andro Nisbet ex consensu rei for his victuall foure 
punds. 

The qlk day the said Judge and Barroun haveing heard the Great Riot. 
Lybell and clame given in be Johne Underwood Procurator 
fEscall of this Barroun Court against Thomas Boyde and 
Robert Hoge in Over Stitchell mentioning that they had 
comitted Blood, Ryot and Straickes ilke ane upon uthers to 
the effusion of Bothe their Bloods in great abundance and 
great hazard of bothe their lives. 

Also upon Andro Robesone and Johne Hoggeard for 
Straickes and Ryot comitted be them upon Robert Lillie 
smythe ; also upon Stephen Burne and James Lidgait minors 
for Blood and Straicks comitted be them twa upon uthers ; 
also upon Johne Windrim for Blood and Straickes aledged 
comitted be him upon the said James Lidgait minor. 

The qlk haill claimes being heard red, seine and considered Inquest. 
be the said Barroun he being weill and rypely advysed, sub- 
mitted and referred the saids Bloods and Ryots to fyfteen 
famous men of Inqueist who being all solemnly sworne and 
thereafter inclosed, elected Andro Nizbet jun. Chancellor of 
the said Inqueist. The said Chancellor be the mouthe of the 



48 THE MINUTES OF THE [1667 

said Inqueist efter mature deliberatioun doe all in ane voyce 
convict and declare the saids Thomas Boyde and the said 
Verdict. Robert Hogge ilke ane to be guilty of a Ryot and Straicke 

upon uthers and the said Robert Hoge ilke ane to be guilty of 
the Wyte of the said Ryot, and the said Robert his foalle did 
provoke the said Ryot be eating of the said Thomas his corne 
and the said Robert refused aither to amend or to be restricked 
also the said Chancellor and Inqueist finds and declares 
them bothe to be guilty of Blood as was clearly verified be 
famous witnesses and referres their censures to the Laird and 
Barron. 

Also they convict and declare the said Andro Robesone and 
the said John Hoggeard to be bothe guilty of Ryot upon the 
said Robert Lillie smythe as was clearly verified be famous 
witnesses and referrs their censures to the Laird and Judge. 

Also the saids Inqueist finds the said Stephen Burne and 
James Lidgait minors to have bothe comitted Blood ilke ane 
of them uther conforme to their awn confessioun and referrs 
their censures to the Laird and Judge. 

Also the saids Inqueist convict the said Johne Underwood 
couper of Straikes and Ryot comitted be him upon the said 
James Lidgait minor and assoilzies and absolves him of the 
Blood becaus swa verified be famous witnesses and referrs his 
censure for the said Ryot to the Barroun and Judge. 
Sentence. The qlk day the said Barron and Judge conforme to the 

Act and Convictioun of the saids fyftein famous men of 
Inqueist pronunced be the said Chancellor did judicially 
unlaw and amerciat the said Robert Hoge and Thomas Boyd 
for the said Bloods in ilke ane fyfty punds. And the said 
Robert Hoge for Blood wyte in Twentyfyfe punds at the 
Judge his mercy and moditicatioun. The qlk day also the 
saids Andro Robesone and Johne Hoggeard conforme to the 
said Act of Convictioun are unlawed in ilke ane Ten punds. 

Also the saids Stephen Burne and James Lidgait minors 
conforme to the said Act of Convictioun are at the Lairds 
mercy for what amerciament or personall punishment he 
pleaseth for the said Blood becaus of their present minority 
pupillarity and less age. 

Also the said John Windrim couper conforme to the said 



i667] BARON COURT OF STITCHILL 49 

Act of Convictioun for the said Ryot and Straickes comitted 
be him upon the said James Lidgait minor is unlawed in Ten 
punds Scots and judicially absolved assoilzied quyte and freed 
fra the said Blood aledged comitted be him forever. 

The qlk day all differences and matters questionable betwixt Judicial Sub- 
Alexander Giffen and James Lambe are j udicially referred and ""^^'°°- 
submitted to Adam Hoggeard for the said Alexander his 
pairt ; and to Johne Donaldsone for the pairt of the said 
James Lambe as arbiters chosen be ilke pairty and to settle, 
agree and recoiice all them ; and what the saids twa arbiters 
ordaines the saids twa pairties are judicially decerned to obey 
and the saids pairties and arbiters are to convene for that 
effect within awght dayes efter the dait heirof. 

And the said Johne Donaldsone is also becumed Cautioner Cautioner and 
for the said James Lambe ; and Patrick Giffen eldest lawfull 
Brother to the said Alexander is becum Cautioner, Surety 
and Law Burrows for the said Alexander that the saids Twa 
pairties, their wyfes, bairnes, servants, and families shall not 
trouble, or molest uthers in Tyme cumeing be word nor deed 
utherways nor be order of Law and Justice under the paine 
and penalty of Twenty punds for ilke failzie, and the saids 
Twa pairties have j udicially inacted themselves to relieve their 
saids Twa Cautioners of their said Cautionry. 

The qlk day Alexander Lowry in Queenscairle and William Absolved. 
TurnbuU bird there, are both judicially absolved of a sheep 
acclaimed fra them be William Thompson weaver be their 
oathes of verity. 

The qlk day the said Judge and Barroun takeing to his Act for Planting. 
serious consideratioun the great prejudice that this Barrony 
and Indwellers therein doe susteine for want of planting and 
setting of young trees and how profitable and pleasant planting 
is, and what detriment this Barroun susteines for want and 
neglect therof, Therefoir the said Judge and Barroun hath 
statute and ordained that ilke Tenant and Coatter in Nether 
Stitchell shall plant in their severall yairds six guid Ashe 
plants yeirly till their yairds be sufficiently planted. And to 
begin to plant betwixt Mertimas and Yuil nixt, and swa furthe 
betwixt the said two kinds yeirly till the saids yairds be 
planted, and in place of ilke decreaseing plant to replant a 



50 



THE MINUTES OF THE 



[1667 



Act anent 
dykes. 



Act anent 
Diitroyers. 



Act anent 
trespass. 



Service. 



Absolvitor for 
the Weavers. 



new plant in place thereof under the paine of fyve punds for 
ilke failzie. 

The qlk day it is also statute and ordained that ilke Tenant 
within this Barony make ther held dycks sufficient and hird- 
well for keiping the saids plants at all tymes in the yeir, and 
for keiping of guid neyboirheid, and to begine within awght 
days nixt efter the dait heirof to bige their saids heid dyckes 
under the paine of fyve punds. 

Also it is judicialy statute and ordained that the Breakers 
and Destroyers of the said plants shall pay for ilke transgres- 
sioun Ten punds by and attour personall punisshmeiit at the 
Lairds pleasure. 

Also it is statute and ordained that non within this Barony 
old nor young make Rods nor gaits threw their neybors yairds 
nor breake doune their neybors dykes nor goe nor passe throw 
their neybors yairds under the paine of Twelve shillings Scots 
for ilke failzie. 

The qlk day it is statute and ordained that the possessors 
of ilke ane husband-land within this Barony lyable for Service 
shall furnishe and put furthe ane able workeman for helpeing 
to cast a ditche about the eister Louche proportionally, and 
foure of them to be ready dayly for that effect course and 
tyme about proportionally till the samyn be fully casten and 
ditched. 

The qlk day the haill weavers within this Barony being 
complained upon be John Underwood Procurator ffiscall of 
this Barroun Court for makeing and weaveing Linen cloathe 
vendible for Ten shillings or above within the breadth of ane 
elle and twa inches contrair to the Act of Parliament made in 
anno 1662 qlk. being referred to their oathe of verity they all 
compeired personally and being all severally deeply sworne 
they all deponed that they did not weave any Linnen cloathe 
vendible for Ten shillings or above within ane elle and twa 
inches of Breadth since November jajvi" sixty ane yeires; 
theirfoir the said Judge and Barroun assoilzied absolved 
quyte and freed the said haill weavers within this Barrony 
fra transgressing of the said Act of Parliament for all tyme 
bygane. 

Tho. Pearsone Notar. Public, cler. 



1 668] BARON COURT OF STITGHILL 51 

Ane uther Barroun Court being ane Heid Court halden at (38) 
Stitchell Kirke upon the first day of ffebruary jajvi" and sixty '^^^' ^^^' '' 
awght yeires be the beffoir designed Right Worthy Robert . 
Pringill of Stitchell heretable proprietor of the haill lands 
and Barony thereof. 

Curia legitime affirmata. 

The qlk day the haill tennants and Coatters within the said 
Barrouny compeired all personally and tuike Instruments 
judicially of their compeirance. 

The qlk day the said Barroun and Judge sitting in Judgment Riot ^^lo. 
in ane fensed Court haveing heard the Lybell and complaint 
given in be Johne Underwood Procurator ffiscall of this Bar- 
roun Court against James Campbell in Stitchell Mylle and 
Andro Robesone his hynde mentioning that they not only 
comitted Ryot and Straickes upon uthers with Staffeshandesand 
feet and uther weapons offensive dinging uther to the ground 
most cruelly But also to the effusione of Bothe their Bloods in 
great abundance and great hazard of bothe their lives The 
said Judge efter mature (ieliberatioun, the saids pairties being 
lawfully wairned ofttymes called, not compeiring therfor ilke 
ane of the saids twa pairtyes are judicially unlawed and amer- 
ciat for Ryot and Straickes in Ten pundes And the said James 
Campbell for Blood comitted be him upon the said Andro 
Robysone as was clairly understood be the said Judge is 
unlawed in fyfty punds at the said Barroun his mercy. 

The qlk day William Gottersone cordiner in Stitchell called Malt £i^. 
not compeiring is halden as confest and decerned to pay to 
Joanet Handyside in Kelso for malt fourtein pundes. 

Also Jane Alexander in Over Stitchell called not compeiring Malt 16 Merks. 
is halden as confest and decerned to pay to the said Joanet 
Handyside for malt sixtein merkes. 

The qlk day William Moffat in Over Stitchell also called Claims. 
and not compeiring is holden as confest and decerned to pay 
to David Cowan in Ednam Twenty thre punds 14 shillings. 

The qlk day John Guttraw in Nether Stitchell ex consensu 
rei is decerned to pay to Robert Hoggeard there twenty six 
punds six shillings viz. the one halfe within fyftein days 
and uther halfe at Mertimas nigh to cum 1668 yeires. 

The qlk day Andro alias David Hoggeard is decerned ex Claims. 



52 THE MINUTES OF THE [1668 

consensu rei to pay to William Hoggeard eister raailler fyfe 
piinds ten shillings. 

The qlk day also Patrick Giften absent holden as confest is 
decerned to pay to James Thompesone for weaver worke foure 
punds 8 shillings. Also Alex GifFen is decerned to pay to the 
said James thre punds. 

Tho. Pearsone Notar. Public, cler. 

(39) Ane uther Barroun Court halden at Stitchell Kirke upon 

the last day of October jajvi" sixty eight yeires be the beffor 
designed Right Worthy Robert Pringill of Stitchell heretable 
proprietor of the haill Lands and Barrony thereof. 

Curia legittime affrmata. 
Two Slots The qlk day Alexander GifFen in Nether Stitchell being 

£19. 4s. lawfully summoned personally, ofttymes called and not com- 

peiriiig is halden as confest and decerned to pay to Thomas 
fFairbairne therfor the pryce of twa stots bought and receaved 
be him fra the said persewer as was clearly verified Nyntein 
punds foure shillings. 
Claims. The qlk day George Hamiltoune (alias hill) in Nether Stit- 

chell is decerned to pay to Jeane and Euphean Andersones 
lawfuU sisters to the deceast Issobell Andersone aequally, 
and to Alexander Maisson pntt. spouse to the said Jeane 
for his interest ex consensu rei Nyntein punds Scots mony 
(tliey finding Cautioun to warrand him at the haill uthers 
aires and executors of the said Issobell and all uther hands 
qtsumevir). 

The qlk day Andro alias David Hoggeard is judicially 
decerned to pay to Katreine Eastone relict of the deceast 
Robert Lillie smythe in Stitchell confest eleven punds twelve 
shillings confest. 

The qlk day Johne Smythe is to be auditor and to examine 
Richeard ffairbairne his smydy accompts and what is already 
payed to Joannet Guttraw her daughter in law to be redely- 
vered be her to the said Kathren Eastone. 

The qlk day George ffrenche is decerned to pay to Richeard 
fFairbairne for eaten corne fourty eight shillings. 
Claims. The qlk day Alexander GifFen called, not compeiring is 

decerned to pay to Johne Hageard nyntein punds six shillings. 



i668] BARON COURT OF STITCHILL 53 

The qlk day Johne GuttraW is decerned to pay to Andro 
Burne for bygane fees Twelv punds six shillings. 

The qlk day Johne Hoggeard is decerned to make furthe 
cumeing to Margaret Smythe, if Law will, foure sheip pntte in 
his possessioun perteining to Robert Cromby and wreisted in 
his hands till that Action depending betwixt Margaret Smythe 
and Robert Cromby be legally discussed. 

The qlk day James Campbell and Robert Hamiltoune are Arbiters. 
decerned to be Arbiters for settleing of that Difference betwixt 
William and Johne Hogeards anent exchanged Mares and in 
cace of their variance the Laird is pleased to be Odman. 

The qlk day Adam Hogeard is decerned to redelyver to 
Thomas Hoggeard pnttly twa sheip of three and ordaine Johne 
Lowry, Johne Donaldsoune and Robert Hamiltoune to [putte] 
these foure sheip in the custody of Joanet Guttraw and if 
one of them be found to belong to the said Thomas 
the said Adam Stott Hoggeard is decerned to sattisfie tlie 
said Joanet Guttraw therfor And the said sheip to be 
delyvered to the said Thomas Hoggeard as his awin. 

The qlk day William Hoggeard is decerned to pay to Johne 
Haggeard younger ex consensu rei fourtein punds ten shillings. 

The qlk day Adam Hoggeard is decerned to redelyver to 
James Leith herd aither two sheipe lost upon his default or 
else three punds sevin shillings for the modified pryce therof. 

The qlk day Johne Lowry and Robert Hamiltoune aie 
elected arbiters to meit and decide all differences betwixt 
George Hamiltoune and William Hoggeard and what they 
decerne the pairtyes are judicially decerned to obey. 

John Lowry Barroun Officer of this Barrony is ordained Transgressors 

11-1 J 1 A J of the Planting 

and authorized to poynd all transgressors or that Act made Act. 
anent planting and make the fynes and unlaws of the Trans- 
gressors to be payed. 

Also the said Barroun Officer is ordained to poynd William Militia. 
Service for fyve punds for resetting of James Leitche in Dalcove 
contrare to that Act made be the honorable Commissioners of 
the Shyre anent the Militia.^ 



' James Leitche had been drawn to serve in the Militia, and had been hidden 
by William Service, whose goods were now arrested to the value of five pounds. 



54 



THE MINUTES OF THE 



[1669 



(40) 

1669, April 10. 



Blood £tiO, 



Opprobrious 

Speeches 30s. 

Provocation 
SOS- 
Claims. 



Smithy work. 



Ane uther Barroun Court being ane Held Court halden at 
Stitchell Kirke upon the 10th day of Apprille 1669 Be the 
befFor designed Right Worthy Robert Pringill of Stitchill 
Barroun. 

The qlk day James Campbell for Blood comitted be him 
upon James Johnstoune as he confest is unlawed in fyfty 
punds. 

The qlk day Johne Hoggeard for opprobrious speaches to 
Robert Lillie smythe is unlawed in thretty shillings And the 
said Robert Lillie for provoking of him be words and offering 
of Straicks and Ryot is unlawed in fyfty shillings. 

The qlk day Johne Guttraw is decerned ex consensu rei 
to pay to Johne Lowry seaven punds fyftein shillings. 

The qlk day William Moffat in Over Stitchell called, not 
compeiring is decerned to pay to James Dawsone in Hume 
byres for oatts bought and already receaved be him fra the 
persewer nyntein punds and continews the Extract heirof for 
foure days till the Defender be heard be the Laird becaus of 
his pntt absence. 

The qlk day George Dickesoune in Nether Stitchell called, 
not compeiring is judicially decerned to pay to James Cossar 
portioner of Hassingtone six punds Scots mony. 

The qlk day William Hoggeard confest and is decerned to 
pay to James Dawsone foure punds foure shillings. 

And Adam Hamiltoune is decerned to pay to the said 
James 42 shillings. 

The qlk day Adam Hoggeard in Nether Stitchell is de- 
cerned to pay to Kathrein Eastoune relict of the deceast 
Robert Lillie smythe there for smydy werke one pund eight 
shillings. James Lowry wester to the said Kathrein llib. 
10 shillings 4d. And Johne Hoggeard is to relieve the 
said James Lowry of what pairt of the said sowmes he has 
receaved from him already. Robert Hog to the said Kathrein 
Eastoune confest . . . William Moffat to her 23 shillings. 
David Hoggeard to her for smydy werke 13 shillings 4d. 
And the said Johne Hoggeard and his spouse are decerned to 
releive them at the hands of the said Kathrein of what he 
or his said spouse has already receaved fra the defenders 
therof if any be. 



i669] BARON COURT OP STITCHILL oS , 

The qlk day John Guttraw is judicially decerned to pay to Claims. 
James Lowry eister confest foure punds with foure fulls of 
aits or else four merkes for the pryce therof. 

The qlk day George fFrenche is decerned to give to Issobell 
Trottar 7 hirdbolls fyve fulls of aits with nyntein shillings 
mony. 

The qlk day Adam Hoggeard is decerned to pay to Thomas 
Hoggeard confest eightein pounds. 

Tho. Pearsone Notar. Public, cler. 

The qlk day John Lowry Barroun Officer of this Barony is Transgressors 

1 1 n f 1 » 1 of Planting Act. 

decerned to poynd all transgressors or that Act made anent 
Planting for the fynes and unlaws therein exprest. 

The qlk day Johne Donaldsone, James Campbell and Johne Auditors. 
Smythe are to be auditors to revise the Compts and determine 
therein betwixt Richeard ffairbairne, Joanet Guttraw and 
Kathrein Eastoune her mother-in-law and ordaine the said 
Kathrein Eastoune to give foure punds fyftein shillings of the 
first end therof and what is not in the said Richeard his hands 
therof to be payed to the said Kathrein be the said Joanet 
41ib. 15 shillings. 

The qlk day William Tailzieor in Queenscairne is decerned ^'^^£3- 9- (>. 

■^* . „ „ ,- , and riose. 

to pay to Cudbert Purveis for fee unpayed thre punds nyne 
shillings six penyes with a pair of sufficient new hose. 

Ane iither Barroun Court halden at Stitchell Kirke upon (41) 
the 23rd day of October 1669 yeires 'be the beffor designed ^^' °'='- ^3- 
Right Worthy Robert Pringill of Stitchell Barroun himself. 

Curia legittinie affirmata. 

The qlk day George fFrenche in Over Stitchell and William Keeping Swine 
Hoggeard wester in Nether Stitchell for keipeing swyne in '" """"^''■ 
Summar contraire to former Acts of this Barrony Court are 
unlawed in ilke ane twenty shillings. 

The qlk day Adam Haggeard called, not compeiring is Rents. 
halden as confest and decerned to pay to Mr. Francis Pringill 
now of Rowingstoune ^ as assigney constitute be Margaret 



' This is a brother of Robert the laird, and son of John Pringle who prede- 
ceased his father, the first Robert. Three sons of John are now accounted 
for : Robert the laird, Walter of Graycrook, and Francis of Rowingstoun. 
There were at least five other children of John Pringle. 



56 



THE MINUTES OF THE 



[1669 



Claim. 



Claim, 



Absolvitor, 



Claim. 



Riot ;£io. 



Carriages. 



Not Planting 

I2S. 



Scot Laidy Stitchell his mother Twenty twa punds fours 
shillings for his proportioune of Maille for that pairt of the 
Maynes possest be him for the Teirmes of Candlemes and 
Lambes jajvi" thre scoir and nyne yeires instant. 

The qlk day the said Adam Haggeard called not compeir- 
ing is halden as confest and decerned to pay to Robert Lillie 
smythe for smyddy werke eleven puilds eight shillings and ten 
pennyes, 

Tho, Pearson e Nottar, Publict, cler. 

The qlk day Johne Lowry is decerned to pay and redelyver 
backe againe to Robert Hogge qlk was layed in pand in his 
hand fyfty foure shillings. 

The qlk day Robert and Johne Hamiltoune being persewed 
be the Procurator ffiscall for Ryot, Straickes and Blood 
aledged comitted be ilke ane of them upon uthers they denyed 
bothe and tiie said Procurator ffiscall succumbed and failzied 
in his probatioun wherfor the said Defenders are judicially 
absolved and assoilzied quyte and freed therfrae for ever. 

The qlk day John Guttraw called and not compeiring is 
halden as confest and decerned to pay to Alisone Lowry eight 
punds Scots mony and continews the Extract heirof till the 
Defender be heard beffor Johne Lowry and Johne Donaldsone 
within eight dayes becaus of his present absence utherways the 
Decreit to be extracted. 

The qlk day Johne Lowry Barroun Officer for Ryot and 
Straickes confest comitted be him upon James Campbell is 
unlawed in Ten punds at the Laird his mercy. 

The qlk day Johne Lowry is authorised and impowered 
to stent and collect mony for paying bygane cairiages propor- 
tionally ilke ane for their awin pairtes and to pay for all 
Maylles and bygane Cairiages therwith. 

The qlk day the haill Tennents in Queenescairne neglecting 
to perfect their pairt of that Act made anent planting are 
unlawed and amerciat in ilke ane of them Twelv shillings 
Scots. 

Tho, Pearsone Nottarius Publicus, cler. 



(42) 

1670, Oct. 8. 



Ane Held Barroun Court halden at Stitchell Kirke upon 
the eight day of October jajvi" threscoir and ten yeires Be the 



i67o] BARON COURT OF STITCHILL 57 

befFor designed Right Worthy Robert Pringill of Stitchell 
Barroun. 

The qlk day the haill tenents and Coatters being all 
lawfully wairned to this present day compeired all personally 
and tuike Instruments of yr appearance. 

The qlk day compeired Robert Hogge and William Hut- Riot £$■ 
sons in Over Stitchel and confest both judicially that they 
comitted Ryot and Straickes ilke ane upon uthers wherfor 
they are unlawed and amerciat ex consensu rei in ilke ane 
fyve punds. 

Also Matthew Thompesone Webster for deforcing of Johne Deforcing £5. 
Lowry Barroun Officer in poynding and lawful administratioun 
of his Office is unlawed in uther fyve punds. Also Richeard 
Tailzeour for Ryot and Straickes comitted be him upon Riot £s- 
Thomas Wood ex consensu rei is unlawed in uther 51ib. And 
the said Thomas Wood for provokeing the said Richeard to 
comitt the said Ryot be calling him unjustly a theiflFe is unlawed Defamation £3. 
in the sowme of three punds by and attoure the Kirke Sessioune 
and together therwith. 

The qlk day William Courtney is judicially absolved and Assoilzied. 
assoilzied quyte and freed of the sowme of nyntein punds Ten 
shillings acclaimed frae him be Johne Thompesone in Home- 
byres for the agreed pryce of certain strae bought frae the 
said persewer be the oathes of the said Defender. 

The qlk day George iFrenche being called and not compeir- Cow ^^17. 
ing is halden as confest and decerned to redelyver backe to 
William Courtney a Band made and subscrybed be the said per- 
sewer to the said Defender for seaventein punds for the pryce 
of a Kow bought be the said persewer frae the said Defender 
to be cancelled and destroyed becaus the said Cow returned 
to the said Defender and was disponed upon be him and to 
pay to the persewer thretty shillings. 

The qlk day Johne Guttraw ex consensu rei is decerned to Cess, 
pay to William Courtney six punds eight pennyes Cesse. 

The qlk day George fFrenche called not compeiring is Eatten oats. 
decerned to pay to James Dawsone in Homebyres for oats 
eatten be his Bestiall and apprysed be the Bourlawmen Twelv 
punds. 

Also Robert Hog is decerned ex consensu rei to pay to Claim. 



58 



THE MINUTES OF THE 



[1670 



Scandal ^5. 



Claim. 



Absolvitor. 



the said James Dausone for oats and utherways 201ib. 5 
shillings. 

The qlk day Johne fFrenche for scandalling of James 
Dausone wrongously in calling him Theiffe and Knave is un- 
lawed in fyve punds Scots by and attoure the Kirke Sessioun 
and together therewith. 

The qlk day Johne Guttraw ex consensu rei is decerned to 
pay to Robert Hogge fourtein punds 14 shillings. 

The qlk day James Dawson is judicially absolved and 
assoilzied quyte and freed frae payment to Alexander Aitchy- 
soune halfe a Bolle of aits sowing, and fodder aledged promitted 
to him be umqhile James Dawsone elder his deceast father 
becaus he succumbed and failzied improbando be famous 
witnesses upon oathe. 
Fee, etc. ^5. 6s. The qlk day William Hoggearth wester is decerned to pay 
to William Mylle for fee and utherways fyve punds six 
shillings with a pair of sufficient shoes or else thretty shillings 
for the pryce therof. 

The qlk day John Wood in Stichell esc consensu rei to pay 
to Johne ffairbairne in Newtowne Mylle for meille six punds 
six shillings eight pennyes. 

The qlk day George firench called not compeiring is halden 
as confest and decerned to pay to James Campbell in Stichell 
Mylle twenty eight punds two shillings Scots. 

The qlk day Adam Haggeard is absolved assoilzied quyte 
and freed for ever of eightein punds acclaimed frae him be 
Johne Hoggeard his nephew be oathe of the said Adam. 

Robert Hog ex consensu rei is decerned to pay to Robert 
Lillie smythe for smydy werke and utherways thre punds twelv 
shillings twa pennyes. 

The qlk day Johne Guttraw ex consensu rei is decerned 
to pay to James ffairbairne for fee and utherways 91ib. 
3 shillings 8d. 
Arbiters. The qlk day Johne Donaldsone and Robert Hamiltoune are 

to decyde and decern and settle that claim be James Thompe- 
sone against Adam Haggeard for ane ew and a lamb aledged 
lost upon his default and they to pronounce their ffinal 
Sentence therein within fyftein dayes nixt efter the dait 
heirof and the pairtyes are decerned to obey their Decreit. 



Meal. 



Claim. 



Absolvitor. 



Claim. 



1 67 1] BARON COURT OF STITCHILL 59 

The qlk day Alexander Robysone Maltman in Stitchell is Arrears. 
decerned to pay to Thomas Pearsone of Chairterhouse Nottar 
Publict as Cautioner for Johne Robysone in Hassingtoune his 
eldest brother conforme to their Band Ten punds Scots resting 
unpayed of Thretty punds with arryieres Annual rent of the 
said Thretty punds. 

Ita est attestor ego Thomas Pearsone Notarius Publicus 
cler. 

Ane Held Court balden at Stitchell upon the 9 day of , (43) 

. . 1671, Dec. 9. 

December jajvi" threiscore and eleven yeires be Robert Pringill 
of Stitchell Barron of the Barronie thereof. 

Curia legittime affirmata. 

The qlk day John Haggard called Calsa End is judicially Claims. 
decerned to content and pay to Johne Hoggeard ther the 
sowme of Twenty eight shillings Scots mony as the pryce of a 
Seek modified be the Judge : Ten shillings eight pennyes of 
expenses. 

The qlk day Johne Hoggard son to Adam Hoggeard is 
judicially decerned to content and pay to Gustavus Young the 
sowme of Threttein punds nyn shillings Scots mony adebted be 
the said Johne to Richeard Allan flesher in Kelso for which 
the said Gustavus became Cautioner and payed the samyn ex 
cotifessione rei. 

The qlk day David Haggard in Stitchell is judicially decerned 
to content and pay to Thomas Hoggard ther the sowme of 
fortie shillings Scots mony borrowit be the said David from 
him Two years since In respect of the persewers oath being 
referred thereto be the Defender Ten shillings of expenses. 

The qlk day William Hoggeard wester is judicially decerned 
to make payment of the pryce of a full of oats and assoilzies 
the said William from fy ve pund Two shillings acclamed be Mare £s. 2. 
the said George from him as the pryce and worth of a Meer In 
respect of the said William his oath being referred therto be 
the said George that he accepted of the said Meer back again. 

The qlk day John Wood in Stitchell is judicially decerned to Claim. 
content and pay to Johne Marshalle in Home the sowme of 
Thre pund Twelv shillings Scots mony as the pryce of certain 
Peats bought be him frae the said Compleaner three yeares 



60 



THE MINUTES OF THE 



[1671 



Channelkirk. 



Ale spilled. 



since ex confessione rei and assoilzies from the halfe pecke of 
wheat ex consensu threttein shillings foure pennyes of ex- 
penses. 
Mare;^26. The qlk day John Wood in Stitchell is judicially decerned 

to content and pay to James Dason in Humebairs Twenty six 
pund Scots many as the price of a Meer bought and receaved 
by him from the said Compleaner at Michallmiss last ex con- 
fessione rei. Two merkes of expenses. 

The qlk day Robert Hog in Stitchell is judicially decerned 
to make payment to Richard ff'airbairne there Twentynyn 
shillings Scots mony for leading of Timber from Genill Kirke 
in Summer last, In respect of the persewers oath being 
referred thereto six shillings eight pennyes of expenses. 

The qlk day John Windrim younger, Cupper in Stitchell is 
judicially decerned to make payment to William Courtney 
there fortie shilling Scots mony for the losse of Aill letten 
out be him pertaining to the Compleaner in respect of the 
judges modificatioun six shilling eight pennyes of expenses. 

The qlk day Johne Gotrae in Stitchell is judicially decerned 
to make payment to William Masson in Newton My lie the 
sowme of foure punds sixtein shilling Scots mony as the 
pryce and worth of certain Bestiall bouglit be him from the 
said Compleaner two years since ex confessione rei 13sh. 4<d. of 
expenses. 

The qlk day William Mackdowell in Over Stitchell is 
judicially decerned to make payment to Helen Duncan in 
Mackerstoune And Johne Aitchisone her husband the sowme 
of seven pund Scots mony Borrowit be him from the Com- 
pleaner seven or eight years since In respect of John Aitchison 
his oathe being referred therto. 

The qlk day John Gotrae in Stitchell is j udicially decerned 
to make payment to Andro Burn there four pund fyftein 
shilling Scots mony for certain lies wrought be the said Com- 
pleaner from the said John Gotrae four years since In respect 
of the persewers oath being referred therto be the Defender 
ISsh. 4d. expenses. 
Claims. The qlk day John Haggard Calsay End and Alexander 

Giffen is judicially decerned to make payment to Robert 
Lillie smythe there the sowmes of mony underwritten to wit 



Beast 
£^. 16. 



Claims. 



1672] BARON COURT OF STITCHILL 61 

the said John Haggard the sowme of fyve punds seaven shilling 
ten penyes Scots mony for certain smith werk wrought be the 
Compleaner to him foure or fyve years since : the said Alex- 
ander GifFend threttie sh. money as the pryce of Aill and meall 
receaved be him in harvest last. John Haggard threttein 
shilling foure pennyes of expenses : , Alexander Giffend eight 
shilling of expenses. 

Tlie qlk day Robert Lillie smith in Stitchell and William 
Courtney is judicially decerned to make payment to Andro 
alias David Haggeard there the sowmes of mony under- 
written to wit the said Robert Lillie eight pund threttein 
shilling foure pennyes adebted be Richeard Concurr in Dunce 
to the said Compleaner and arreisted in Robert Lillie his hands: 
William Courtney 58sh. Scots which the said Compleaner 
was Cationer to James Richardson in Deceith for him Robert 
Lillie ISsh. 4d. of expenses : William Courtney 6sh. 8d. of 
expenses. 

Ita est Jacobus Pringle Notarius Publicits cler. A ttestor. 

The qlk day Thomas Lambe indweller in Over Stitchell is (44) 
judicially decerned to make payment to William Moffat in- 1672™ ^"'^ ' 
dweller there fyve pund ten shillings Scots mony as the agreed Two staigs' 
pryce of Twa Staiggs grass ^ grassed be the persewer at Belton 
day last in respect of his confession 12sh. Scots mony of 
expenses. 

The qlk day William Moffat indweller in Stitchell is 
judicially decerned to make payment to Thomas Lambe in- 
dweller ther 41ib. 12sh. for hirding of his Bull and for mony 
adebted be him and for keiping these Staiges five or six years 
since or therby In respect of the Defenders his confessioun 
with 20sh. of expenses. 

The qlk day John Guttrae indweller in Stitchell is judicially Various. 



1 A staig here means a young horse not yet broken for riding or work. 
Compare an old proverb, 'Corn is not for staigs,' i.e. they were to have grass, 
and not corn. Beltane is May-day or the first Monday of May, a. relic of the 
ancient worship of the sun ; and later, a term on which payments were made. 
A naig, as opposed to staig, is a riding horse. Paske is Easter. Riv land 
is land that has lain long unploughed. Lambes is Lammas Term in 
August, 



62 



THE MINUTES OF THE 



[1672 



One Nag=ii 
Fulls of Oats. 



I Full of pease 
at 37s. 8d. 



Claim. 



Black Mare. 



Claim as to 
ploughing. 



Fee. 



decerned to make payment to Alexander Robesone in Altmuir 
indweller there SOlib. lOsh. 8d. for certain particulars entered 
in ane fitted accompt in respect of the Defenders null com- 
peirance with 17sh. and 4d. of expenses. 

The qlk day John Gutrae in Nether Stitchell is judicially 
decerned to make payment to Robert Lillie smyth ther the 
number of elevin fulls of oats as the pryce and worth of ane 
Naig bought and receaved be him from the said Compleaner at 
Mertimes last In respect of the Defender his confessioun. 

The qlk day John Haggeard Calsay End is judicially 
decerned to make payment to Kathrein Eastoune relict of the 
deceast Robert Lillie smith in Stitchell 37 shillings 8d. as the 
pryce of ane full of peise bought be him from the said Com- 
pleaner In respect of the Defenders oath being deferred therto 
be the Compleaner 6sh. and 8d. of expenses. 

The qlk day John Gottrae in Stitchell is judicially decerned 
to make payment to John Aiken servitor to William Lawrie, 
Officer 161ib. 15sh. Scots mony pairtlie as the pryce and werthe 
of ane Boll of peise and pairtlie as the remainder of certain 
fees awghtand be the Defender to the said Compleaner In 
respect of the persewers oathe being deferred therto by the 
Defender with 13sh. 4<d. expenses. 

The qlk day John Haggard called Calsa End is judicially 
decerned to make payment to Andro alias David Haggard 
there the sowme of 71ib. mony as the remainder of ane black 
Meir bought and receaved be him from the said Compleaner 
at Paske last in respect of the Defenders confessioun with 12sh. 
of expenses. 

The qlk day John Gotrae in Nether Stitchell is judicially 
decerned to make payment to Thomas Whyte in Over Stitchell 
Slib. ISsh. mony which the Compleaner depurst for plowing 
of Riv land, and the Defender did never plow the samyn nor 
pay backe to him the said sowme In respect of the Defenders 
confessioun with 20sh. of expenses. 

The qlk day John Gotrae in Nether Stitchell is judicially 
decerned to make payment to Thomas Haggard ther 51ib. lOsh. 
money as the remainder of four yeares fee ex confessione rei 
with 12sh. of expenses. 

The qlk day John Gotrae in Nether Stitchell is judicially 



i673] BARON COURT OF STITCHILL 63 

decerned to make payment to William Nizbet in Newtoun the Half year Fee 
sowme of 71ib. Scots money for halfe a years fee with 26sh. ^^' 
8d. as the pryce of a pair of shoes of bountith ex confes- 
sione rei and assoilzies from six fuUe of aits with 13sh. 4d. 
expenses. 

The qlk day Alexander Giffane in Nether Stitchell is 
judicially decerned to make payment to Thomas Wood 
there 41ib. Scots money as the pryce and worth of halfe Half Boii Beir 
ane Boll of beir bought and receaved be him from the said " ' 
Compleaner at Lambes 1671 in respect of the Defenders not Claim. 
compearance with lOsh. of expenses. 

The qlk day John Haggard called Calsa End is judicially 
decerned to make payment to Robert Lillie smyth ther 48sh. 
Scots money for certain smith work and. drink in respect of 
the Defenders not compearance with 6sh. of expenses. 

The qlk day Thomas Haggard in Nether Stitchell is judi- Riot;^5. 
cially decerned to make payment to William Lawrie Procurator 
ffiscall of the Court 51ib. Scots money for a Ryot comitted be 
him upon John Gotraw Indweller in respect that there was 
certain famous witnesses led in the said Action and did judi- 
cially prove the samyn. 

Ita est Jacobus Pringle Notarius Publicus cler. Attestor. 

1673 Jan. 28. The qlk day John Wilson called Sobber (45) 
John is j udicially decerned to make payment to William rjoI '20s" 
Lawrie Procurator ffiscall of the said Court the sowme of 
20s. Scots money for ane Ryot comitted be him upon James 
Haggard in Nether Stitchell and for ane violent deforcement 
and bereaving him of ane Tether ex confessione rei. 

The qlk day David Stark eldest lawful! son to Mr. David Blood ^^50. 
Stark is judicially decerned to make payment to William 
Lawrie Procurator ffiscall of the said Court the sowme of 
fyftie punds Scots money for ane Blood comitted be him upon 
Peter Purves servitor to James Camble in Nether Stitchell 
In respect he confest and came in, will and decerns the said 
Peter Purves in 251ib. for the Blood wyte ex confessione rei. 

The qlk day William Haggard wester is judicially decerned Drink, 
to make payment to Alexander Robesone Maltman ther the 
sowme of fyve punds sextein pennyes pairtly borrowed and 



64 



THE MINUTES OF THE 



[1673 



Claim, 



pairtly for drink and four fulls of bear for four pund 16sh. 
as the pryce and worth therof eac corvfesdone rei with 20sh. 
of expenses. 

The qlk day John Wilson in Stitchell is judicially decerned 
to make payment to George Nisbet ther of the sowme of 
40sh. Scots money as the pryce and worth of a Seek borrowed 
and receaved be the said Defender from the said Compleaner 
at Whitsunday 1672 In respect of the Judges modificatioun. 

Calumny ;^s. The qlk day Margrat Atkin spous to Thomas Mill in 
Stitchell is judicially decerned to make payment to William 
Lawrie Procurator ffiscall fyve punds Scots money for calum- 
niating of Robert Hamiltoun ane of the sworne apprysers and 
calling him Mansworne and many other opprobrious words 
which she confest and could not prove. 

Scandal £3. The qlk day James Cambell in Nether Stitchell is judicially 

decerned to make payment to William Lawrie Procurator 
ffiscall thrie punds Scots money for scandellizing Andro Burn 
poundler ther in saying he did steill eightein harrow teeth 
from liim in respect the said James Cambell was lawfully 
summoned to compear and did not and therfor was halden as 
confest. 

Blood ^50. The qlk day James Hogge Litster in Stitchell Waulk Mill 

is judicially decerned to make payment to William Lawrie 
Procurator ffiscall of the sowme of 501ib. Scots money for ane 
Blood comitted be him upon James Lidgait servitor to Robert 
Hammilton in Stitchell in respect the veritie therof being 
referred to his oath refused to swear and decernes the said 
James Lidgait to the said Procurator ffiscall 251ibs. money 
forsaid for the Blood wyte ex coTifessione rei. 

The qlk day Agnes Lillie relict of the deceast Patrick 
Giffane in Runningburne is judicially decerned to make pay- 
ment to Walter Lawrie in Stitchell 521ib. 4sh. and 4d. Scots 
money pairtly borrowed and pairtly for fie ane certain tyme 
bygane in respect the said Defender was lawfully sumoned to 
compear and did not and therupon the Judge decerned in 
manner forsaid. 

The qlk day Adam Haggard elder in Stitchell is judicially 
decerned to make payment to Walter Lawrie ther the sowme 
of four punds Scots money borrowit and receaved be him 



Debts. 



l673] BARON COURT OF STITCHILL 65 

from the said Compleaner a certain tyme bygane in respect 
the said Defender was lawfuUie summoned and did not com- 
pear with 6sh. of expenses. 

Ita est JacohiLS Pringle Notarius Publicus cler. Attestor. 

1673 May 17. The qlk day William Mofi'at Indweller in (46) 
Nether Stitchell and Henrie Hamiltoune Indweller ther is 
judicially decerned to make payment to Robert Lillie smith Claims. 
there the particular sowms of mony and others under written 
for the confest following ilke ane of them for their awn pairtes 
as is efter divided To wit the said William Moffat two fulls of 
oats with 20sh. of money for certain smith work wrought be 
the said Compleaner to the said Defender with 12sh. expenses 
and Henrie Hamiltoune Slib. 19sh. 8d. also for smith worke 
with lOsh. of expenses in respect of their not compearance. 

The qlk day James Hogge Litster at the Walke Mille of 34 ells piaiding. 
Stitchell is judicially decerned to make payment to John ^^^' 
Stewart servitor to the Laird of Stitchell 4«2sh. Scots money 
as the pryce and worth of Three ells and ane halfe of small 
plaiding delyvered be him to be littet and never redelyvered 
back again In respect the Defender did not compear with 
lOsh. of expenses. 

The qlk day John Turner Schoolmaster in Stitchell is judi- School Wages. 
cially decerned to make payment to Thomas Underwood ther 
of Ten punds Scots money restand of school wages which should 
have been payed at Mertimes last ex confessione rei with 
lOsh. of expenses. 

The qlk day John Gotrae indweller in Stitchell is judicially claims. 
decerned to make payment to James Brown Merchand in Kelso 
58sh. Scots given in earnest to the Defender for fetching home 
of Key and for which he failed in respect of his non compeirance 
with lOsh. of expenses. 

The qlk day James Leithheid Indweller in Nether Stitchell Boots. 
is judicially decerned to make payment to James Dickson 
Cordinar in Ednam 26sh. 8d. Scots money as the remainder of 
a pair of boots fitting in August last In respect of the Com- 
pleaners oath being referred therto be the Defender with 
6sh. of expenses. 

The qlk day William Moffat in Over Stitchell is judicially Cow. 



66 THE MINUTES OF THE [1673 

decerned to make payment to John Dickson Indweller there 
31ib. 8sh. Scots money as the remainder of the pryce of a Cow 
bought and receaved be the said Defender from the said Com- 
pleaner at Mertimes 1671 ex confessione rei with 8sh. money 
of expenses. 

The qlk day William Moffat in Over Stitchell and Culbert 
Purves indweller ther is judicially decerned to make payment 
to Alex Robesoun Maltman in Nether Stitchell the severall 
sowmes of money underwritten for the confest following ilke 

Mare. ane of them for their own pairtes as is after divided. To wit 

Ale. the said William Moffit six fuUes and ane halfe and halfe a 

pecke of bear as the pryce and worthe of ane Mear bought 
and receaved be him from the said Compleaner in Harvest last 
esc confessione rei with 20sh. of expenses; the said Culbert 
Purves 30sh. and lOd. money for said for Ale in respect of his 
absence with 4sh. of expenses. 

Fee. The qlk day George fFrenche in Over Stitchell is judicially 

'"™' assoilzied from the sowme of six punds Scots money of fie, 

20sh. as the pryce of Two ell of Linning, lOsh. as the pryce of 
halfe ane ell of Whyte for bountith for a years fie and 
bountith wrought be Margrat Magdowall in Macarstone to 
him Nov. year and a halfe since in respect the perse wer 
George ffrenche compeared and craved compensatioun of the 
lyke soume of teind in a Decreit obtaind at his instance against 
the said Margrat Magdowall befor the Commissar of Peibles. 

Debts. The qlk day Alexander Giffan indweller in Nether Stitchell 

is judicially decerned to make payment to Cathrine Gaffine 
relict of the deceast Robert Lillie smith in Stitchell the sowme 
of 200 libs Scots money of Principall And hundredth and 
eightein punds as the remainder of Ten years Annualrent 
therof of conteind in a Band made and granted be the said 
Defender to the Compleaners deceast husband of the dait the 
second day of January 1663 years and assigned be him to 
the said Compleaner upon the penult day of November 1665 
years ex confessione rei with six punds of expenses. 

The qlk day John Gotrae in Stitchell, William Haggard 
wester ther, John Haggard called Calsa End ther, Thomas 
Haggard, William fFord, and Adam ffairbairne is judicially 
decerned to make payment to William Courtney and Margrat 



i673] BARON COURT OF STITCHILL 67 

Trumble his spouse the severall sowmes of money under 
written for the causes following ilke ane of them for ther own 
pairts as is efter devyded To wit the said John Gotrae the 
sowme of 251ibs. 8d. Scots money pairtly borrowed pairtly for 
harvest fies and other necessare ex confessione rei, William 
Hoggard 41ib. Ish. money conforme to ane fettit account lOsh. 
of expenses, William fFurd 2Iib. 2sh. 6d. pairtly borrowid and 
pairtly for Ail 6sh. of expenses Adam ffairbairne 2lib. 13sh. 
of borrowid money 8sh. of expenses, John Hoggeard 81ib. and 
6d. ex confessione rei with threttein shillings four pennyes of 
expenses Thomas Hoggard four pund 17sh. 8d. money with 
lOsh. of expenses. 

Ita est Jacobus Pringle Notarius Publicus cler. Attestor. 

1673 November 8. The qlk day Adam Hamiltoun in (47) 
Stitchell is judicially decerned to make payment to Alexander 
Brown, weaver ther the sowme of 121ib. Scots money as the 
pryce and worthe of a Naig bought and receaved be the Nag £12. 
Defender from the Compleaner at Mertimes last in respect of 
the Defenders absence being lawfully summoned with 24sh. 
of expenses. 

The qlk day John Gotrae in Stitchell is judically decerned 2 Fulls of Kiln- 
to make payment to Adam Hendersone ther of the sowme of yP^'^P^^^ 
31ib. 4sh. Scots money as the pryce and worth of Two fulls 
of Kill-dryd pease bought and receaved be the Defender from 
the Compleaner at Michaelmas was a year in respect of the 
Defenders absence being lawfully summoned with 12sh. of 
expenses. 

The qlk day Robert Hamiltoune in Nether Stitchell is Fee £g. 
judicially decerned to make payment to James jffairbairne in *hiashing 12s. 
Over Stitchell and Elspeth Hoggard his spous the sowme of Mowing 3s. 
nyne punds Scots money for a years fee wrought be her to the 
Defender a certain tyme bygane : Twelve shilling for foure 
dayes Threshing. Thrid shilling for mawing In respect of the 
Compleaners oath being deferred therto be the Defender 
with 2 merkes of expenses. 

The qlk day John Haggard called Calsae End and Richard claims. 
Taylor in Queenscairne is judicially decerned to make payment 
to George Wood in Greenknow the severall sowmes of money 



68 THE MINUTES OF THE [1673 

underwritten for the causes following To witt the said John 
Hoggard four punds fyftein shillings Scots money as the 
remainder of certain ewes and lambes bought and receaved 
from the said John Haggard from the said Compleaner at 
Ternitie Monday 1672 Richard Taylor in Queenscairne 
51ib. ISsh. money forsaid. Also for the remainder of certain 
ewes and lambes bought at the tyme forsaid In respect of the 
Defenders absence being lawfully summoned with lOsh. for 
ilke ane of the Defender's expenses. 

The qlk day Agnes Lillie relict and executrix affirmed to 
the deceist Patrick GifFan in Runningburne is j udicially de- 
cerned to make payment to Margrat Giffane in Stitchell the 
sowme of Threscoir fourtein punds Scots money for certain 
fees and bounteiths wrought be her to the said Defunct ex 
confessione rei with 30sh. of expenses. 

Caif/ii. 14. The qlk day William Moffit in Over Stitchell is judicially 

decerned to make payment to Issobell Ormstone in Queens- 
cairne the sowme of lllib. 14sh. Scots money and that as the 
pryce and worthe of a Calfe bought and receaved be the said 
Defender from the said Compleaner in tiie moneth of August 
last ex confessione rei with 20sh. of expenses. 

The qlk day Alexander Giffiine in Stitchell and Agnes 
Lillie Relict of the deceast Patrick GifFane in Runningburne 
is judicially decerned to make payment to Christian Dickson 
in Newton for her selfe and in name and behalfe of Dorritie 
Service her mother the severall sowmes of money underwritten 
for the causes following ilke ane of them for their own pairtes 

Fee;f5. as is efter divydit To wit the said Alexander GifFane 51ibs. 

Scots money for certain fye wrought be the said Compleaners 
to the said Defender ane certain tyme bygain. The 
said Agnes Lillie 51ibs. money forsaid. Also for certain 
fyes wrought be said Compleaners to the said Defenders 
and her deceast husband also ane certain tyme bygain 
ex confessione rei with ten sh. for ilke ane of the defenders 
expenses. 

Excise. The qlk day George Nisbet in Stitchell is judicially decerned 

to make payment to Alexander Robesone Maltman ther the 
sowme of Slibs. Scots money as the Excyse of ane Wedding 
made be the Defender at Whitsunday 1671 and assoilzies said 



1 673] BARON COURT OF STITCHILL 69 

Defender for another 40sh. money forsaid acclaimed ex con- 
fessione rei with lOsh. of expenses. 

The qlk day Robert Lillie smith in Stitchell is judicially 
decerned to make payment to George Nisbet ther Slibs. Scots 
money the Excyse of certain Aill bought be the said Com- 
pleaner from the said Defender ex confessione rei with lOsh. 
of expenses. 

The qlk day Agnes Lillie relict and executrix confirmed to 2 Ewes @ 
the deceast Patrick Giffane in Runningburne is judicially 
assoilzied from 41ib. 2sh. Scots money as the pryce and worthe 
of two yeeld ewes alledgit given in Grassing to the said 
Defunct ane certain tyme bygain be Samuel Leithhead in 
Stitchell In respect he referred to the said Defender her oath 
of verity whether or not she or her deceist husband receaved 
the said two ewes who being present deponed that neither she 
nor her said deceist husband receaved the samyne and therfor 
was assoilzied therfor. 

The qlk day William Moffit in Stitchill Thomas Whyte 
ther Alexander Lawrie ther, and Robert Hogge there is 
judicially decerned to make payment to Johne fFairbairne in 
Nenthorne Mill the severall sowmes of money under written 
for the causes following To wit the said William Moffit 9 libs. 
Scots money as the pryce and worthe of 21 peckes of oat meal 2; pecks meal 
bought be him from the said Compleaner at Whitsunday last; 
Thomas Whyte 28sh. also for oat meal; Alex Lawrie 28sh. 
also for oat meal ; Rob Hoge 23sh. also for oat meal bought 
be them from the said Compleaner at the tyme forsaid In 
respect of ther null compearance with 40sh. money forsaid of 
expenses equally to be divyded amongst them conform to ther 
severall sowmes above written. 

The qlk day William Hoggard called W ester m Nether Boll of Bear 
Stitchell is judicially decerned to make payment to Walter-^ ' 
Lawrie ther the sowme of 81ibs. Scots money as the pryce and 
worthe of a Bolle of bear bought and receaved be the said 
Defender from the said Compleaner two years since or therby 
In respect of the said Defender compearand personallie confest 
the debt above awin with Ssh. of expenses. 

The qlk day James Leitheid in Nether Stitchell is judicially Claims. 
decerned to make payment to George Pringle Maltman in 



70 THE MINUTES OF THE [1673 

Kelso the sowme of 371ib. 16sh. Scots money as the pryce and 
worthe of certain malt bought and receaved be the said 
Defender from the said Compleaner ane certain tyme bygain 
In respect the said Defender compeared personallie and confest 
the sowme above written to be justly restand awand to the 
said Compleaner with 18sh. of expenses. 

The qlk day Robert Hogge in Over Stitchell is judicially 
decerned to make payment to James Walker in Linton Park 
the sowme of 451ibs. 18sh. Scots money as the remainder of 
the pryce and worthe of certain oats bought and receaved be 
the said Defender from the said Compleaner at Midsumer 
1672 years In respect of the verity of the Clame being referred 
to the Defenders oath confest the haill sowme above written 
except ^Osh. money forsaid was justly adebted be him to 
the said Compleaner and therfor the Judge deduced the said 
40sh. for end of the said sowme with 40sh. of expenses. 
Lint. The qlk day Adam Hammiltoune weaver in Stitchell is 

judicially decerned to make payment to James Handisyde 
Merchand in Kelso the sowme of 61ib. Ssh. 8d. Scots money as 
the remainder of the pryce of 2 ston four pounds of Lint 
bought and receaved be the said Defender from the said 
Compleaner in anno 1672 ex confessione rei with 16sh. of 
expenses. 

The qlk day John Gotrae in Nether Stitchell is judicially 
decerned to make payment to Thomas Henderson ther 32sh. 
Scots money as the pryce and worthe of certain oat meall 
bought and receaved be the said Defender from the said Com- 
pleaner at Lambes 1672 In respect of the Defenders confessione 
being present with Ssh. of expenses. 
3 Fulls Rear The qlk day James Lawrie in Stitchell is judicially decerned 

S^s. to make payment to George Pringle Maltman in Kelso of the 

sowme of 56sh. Scots money as the pryce and worthe of Two 
fulls of bear bought and receaved be him from the said Com- 
pleaner ane certain tyme bygain ex confessione rei with sex sh. 
of expenses. 
Harvest Fee The qlk day Agnes Lillie relict and executrix confirmed to 

i'^- the deceast Patrick Giifane in Rinningburne is judicially 

decerned to make payment to William Lamb Indweller 
in Neutone the sowme of 71ibs. Scots money for a harvest fie 



r674] BARON COURT OF STITCHILL 71 

wrought be the said Compleaner to the said Defender with 
halfe ane Bolle of bear and a pair of shoes of bountith ex con- 
fessione rei with 2 merks of expenses. 

The qlk day Robert Hopper and Robert Hopper servitors 
to Mr Robert Hopper The said Mr Robert Hammiltone 
weaver in Stitchill and Andro alias David Hoggard ther is 
judicially decerned to make payment to William Lawrie Pro- 
curator ffiscall the severall sowmes of money under written for 
the causes following ilk ane of them for ther awn pairts as is 
efter divydit To wit the said Robert Hoppers the sowme of 
50 punds Scots money for ane Blood comitted be them upon Blood ^^50. 
William Lawrie Officer in Stitchill and 251ib. for Blood wyte Bioodwyte^^zs. 
the said Mr Robert Hopper the sowme of 401ib. Scots for 
refusing to give his carriadges being requyred therto be the 
Officer The said Robert Hammiltone 51ib. money forsaid for 
abstracting of Hummle Corne^ from the Mill of Stitchill at Hummie Corn. 
Lambes last contrair to the Acts of the Barron Court and 
Double Dewties for ane firlot of Hummle Com to John 
Stewart farmer of the said Mill of Stitchill The said David 
Hoggard lOlibs. money forsaid for ane Ryot comitted be him Riot ;^io. 
upon James Cambell in Stitchill In respect ther haill lybells 
were sufficiently proven be famous witnesses. 

Ita est Jacobus Pringle Notarius Publicus clericus attestor. 

The Barron Court halden at Stitchell be Robert Pringle of (48) 
Stitchell heretable proprietor of the Lands and Barronnie therof ' ''*' ^" ^ ^°' 
the SO day of July 1674. 

Curia legittime affirmata. 

The qlk day the said Robert Pringle of Stitchell sittand in Claim. 
Judgment hes judicially decerned James Leithead in Stitchell 
to make payment to James Ker Merchand in Kelso the sowme 
of 48sh. Scots money borrowed and receaved be him from 
Jenet Aldcome spous to the said Compleaner upon the 10 day 
of March 1672 eoc confessione rei with lOsh. of expenses. 

The qlk day Robert Lillie smith in Stitchell is judicially ing 39s. lod. 



' In Roxburghshire, a lighter kind of grain, which falls from the rest when it 
is fanned. In Berwickshire the term denoted three bolls of barley with one of 
pease, made into meal. Stitchell is in the former ; Hume in the latter, 



72 



THE MINUTES OF THE 



[1674 



Claim. 



4 full of Bear 

I2S. 



Claim. 



Boll of Bear 
£7. 



Claim. 



Boll of Rye 
£6. 6. 8. 



decerned to make payment to Thomas Vair and Margrat 
Richisone his spouse S9sh. and lOd. money forsaid for eight 
days shearing and ane halfe wrought be them to Agnes Lillie 
sister german to the said Robert and for which he promised 
payment with 6sh. of expenses ex confessione rei. 

The qlk day William Moffit in Over Stitchell is judicially 
decerned to make payment to Marion Douglasse relict of the 
deceist Gustavus Young 42sh. Scots money in compleit pay- 
ment of Slib. Scots acclamed for certain particulars conteind 
in ane fettit accompt In respect the said William Moffit de- 
ferred the truth of the rest of the debt to the said persewers 
oath who refused to depone and therfor assoilzied him from 
the same with 6sh. of expenses. 

The qlk day Euphan Lamb in Stitchell is judicially decerned 
to delyver to Thomas Whyte ther half ane fulle of beare 
eatten and destroyed be the defenders Bestialls or 12sh. as 
the pryce therof ex confessione rei with 4sh. of expenses. 

The qlk day Robert Hammiltone in Stitchell is judicially 
decerned to make payment to William Mill servitor to John 
Donaldsone ther 6 punds lOsh. Scots money for the remainder 
of thrie halfe years fee wrought be the said Compleaner to the 
said Defender foure years since or therby ex confessione rei 
with 13sh. and 4d. of expenses. 

The qlk day Robert Lillie smith in Stitchell is judicially 
decerned to make payment to George Pringle Maltman ffewar 
in Kelso 71ib. Scots money as the agreed pryce of ane Boll 
of Beare bought be him be the Compleaner ane year since 
with 8sh. as the anwelrent therof mair 28sh. as the pryce of 
certain yron ex confessione rei with 20sh. of expenses. 

The qlk day John Gotrae in Stitchell is judicially decerned 
to make payment to Alexander Robesone Maltman ther 121ib. 
8sh. pairtly borrowed pairtly for Aill and other particulars 
conteind in ane accompt In respect the said persewar referred 
the truth of the debt to the defender's oath who deferred the 
samyn to the persewar's oath who deponed positive with 20sh. 
of expenses. 

The qlk day William Hoggard wester in Stitchell is judi- 
cially decerned to make payment to William Trumbell 6 punds 
6sh. 8d, Scots money as the pryce and worth of ane Boll of rye 



i674] BARON COURT OF STITCHILL 73 

bought be him from the said Compleaner two years since ex 
confesdcme rei with 12sh. of expenses. 

The qlk day James Smith herd in Queenscairne is judicially Ewe 5 merks. 
decerned to make payment to James Purves in Ednem 5 merkes 
Scots money as the modified pryce and worth of ane milk ewe 
taken in herding from the Compleaner and did never delyver 
back the samyn nor skin nor lambe therof ex confessione rei 
with 12sh. of expenses. 

The qlk day John Hoggard called Calsa End is judicially Bear. 
decerned to make payment to William Watsone gardner in 
Stitchell 181ib. 15sh. Scots money as the pryce and worthe of 
certain bear bought and receaved be him from the said Com- 
pleaner two year and three monethe since Including the 
anwelrent therof faithfuUie promittit be him In respect he 
did not compeare being lawfully summoned with 2 merkes 
expenses. 

The qlk day Robert Hammiltone in Nether Stitchell is Fees. 
judicially decerned to make payment to William Ramsay 
servitor to James Hoggard ther 14 punds Scots money as 
the remainder of certain fies wrought be -him to the said 
Defender Thrie years since or therby In respect of the per- 
sewers referring the truth of the debt to the Defenders oath 
who deferred the samyn backe to the persewars oath who 
deponed positive with 14sh. of expenses. 

The qlk day Robert Tayjer in Queenscairne is judicially Double 
decerned to make payment to John Stewart in Stitchell Mill 
Dowble Multure of ane Boll of wheat and malt abstracted 
from the Mill of Stitchell contrair to the Acts of Court ex 
confessione rei with 6sh. of expenses. 

The qlk day Alexander Lowry in Nether Stitchell is Deforcing, etc. 
judicially decerned to make payment to William Lowrie Pro- 
curator ffiscall of the Court fyve punds Scots money for de- 
forceing the Officer in executione of his office and disobeying to 
plough the Masters ground when he was requyred to doe the 
samyn And also Robert Tayler is judicially decerned to make 
payment to the said Procurator ffiscall of fyve punds Scots 
money for abstracting of ane Boll of wheat and Malt frae the Abstracting 
Mill of Stitchell contrair to the Acts of Court ex confessione '*'^'^'- 
rei. 



74 



THE MINUTES OF THE 



[1674 



Claims. 



7 full oats, 
6 full oats 



6 full pease, 
£,!■ 4- 



The qlk day William Hoggard eister in Nether Stitchell 
James Hoggard ther, Robert Hammiltone ther, Richard Tayler 
in Queenscairne, Thomas Lamb in Over Stitchell and John 
Gotrae in Nether Stitchell to make payment to Robert Lillie 
smith in Stitchell the severall sowmes of money victyall and 
others underwritten for the causes following ilke ane of them 
for ther awn pairts as is efter divydit To witt the said William 
Hoggard the number and quantity of seven fulle of oats or 
71ib. 4sh. Scots money as the modified pryce therof mair 20sh. 
and 8d. money for certain smith worke wrought be the said 
Robert Lillie to him. Item James Hoggard 6 fulles of oats or 
71ib. 4sh. as the modified pryce therof mair 56sh. 8d. for smith 
worke. Robert Hammiltone 6 fulls of oats or 71ib. 4sh. as 
the modyfied pryce therof Richard Tayler 31ib. 3sh. 8d. for 
certain smith worke. Thomas Lamb 61ib. 8sh. money for 
certain smith worke John Gotra 6 fulles of pease or 71ib. 
4sh. as the modifyed pryce therof mair ane Boll of oats or 
61ib. as the modifyed pryce therof mair 81ib. 19sh. money for 
certain smith worke wrought be the said Robert Lillie to him 
And decerned the said William Hoggard, Ja Hoggard, and 
Robert Hamiltone to pay to the said Robert Lillie ilk ane of 
them of expenses of pley Richard Taylor and Thomas Lambe 
ilk ane of them 8sh. of expenses of pley, John Gotrae 20sh. of 
expenses of pley In respect the haill persones above writt com- 
peared personallie and confessed the sowmes above written to 
be justlie adebted to the said Compleaner except William 
Hoggard who deferred the truth of his debt to the said Robert 
Lillie his oath who deponed positive. 

Ita est Jacobtis Pringle Notar. publicus cler. attestor. 



(49) 

1674, Dec. 12 



Ane Head Barron Court halden at Stitchell Kirk be Robert 
Pringle of Stitchell Heretable Proprietor of the Lands and 
Barronie therof upon the 12th day of December 1674. 
Harvest fee^f?. The qlk day Robert Lillie smith in Stitchell is judicially 
decerned to make payment to William Service ther 71ibs 
Scots money for ane Harvest fie for the year 1673 in respect of 
the defenders confessioun. 

The qlk day Thomas Lamb in Over Stitchell is judicially 
decerned to make payment to James Service the sowme of 



1674] BARON COURT OF STITCHILL 75 

51ib. ISsh. four pennyes for halfe a years fie for the year 1672 Fee 4 year 
in respect the Defender has compeared and confest. ^^' '^' 

The qllc day James Leitheid and George Nisbett is judicially Shoes ss. 6d. 
decerned to make payment to George Wood in Nether Stit- 
chell the particular sowmes under mentioned the said James 
Leitheid 5sh. 6d. as the pryce of shin, George Nisbet, 6sh. 
also for shin in respect of the defenders confessions. 

The qlk day William Moffit in Over Stitchell is judicially Naig. 
decerned to make payment to George Murrie in Coldstream 
lOlib. 18sh. Scots money as the remainder of the pryce of a 
black stonnid Naig bought and receaved be the Defender from 
the said Compleaner at Pasch last year 1673 ex confessione rei. 

The qlk day John Gotrae in Stitchell is judicially decerned Peats 4 marks. 
to make payment to William Sked in Falsyde four merks 
Scots money as the pryce and worth of a Stack and a half of 
peats bought be the Defender from the Compleaner S years 
since or therby. In respect of the defenders absence. 

The qlk day the haill inhabitants within the Toun of H°"se rem or 
Stitchell are judicially decerned to make payment to John 
Underwood 12d. Scots each house bald yearly for the . . . years 
in respect of the former Acts of the Court. 

The qlk day Robert Hogg in Stitchell is judicially decerned Feejyr. ^■4. 
to make payment to Margrat Marshall in Facithill the sowme 
of 41ib. Scots money for halfe a years fie wrought be the Com- 
pleaner to the said Defender and that fra Whitsunday 1672 to 
Mertimes 1673 In respect of the Defenders absence. 

The qlk day William fford servitor to James Hoggard in Fee J yr. 40s. 
Stitchell is judicially decerned to make payment to Andro 
Robeson ther or at least to Alex Robeson his son 40sh. Scots 
money for halfe a years fie wrought be the said Alexander 
Robesone to the said Defender fra Mertims 1672 to Whit- 
sunday 1673 in respect of the Defenders absence. 

The qlk day William Hoggard now eister in Stitchell is Boll of Peas 
judicially decerned to make payment to George Patersone in 
Galloshealls and Mart Douglas his spous lOlib. Soots money 
as the pryce and worthe of ane Boll of peat undelyvered of 
three Bolls qlk he should have delyvered about 4 years or 
therby in respect of the persewars oath being deferred to be 
the defender. 



76 



THE MINUTES OF THE 



[1674 



Wood £g. 



Oats ;^8 per 
Boll. 



Shearing and The qlk day William Hoggard now eister in Stitchell is 
judicially decerned to make payment to James Thomson 
servitor to the Laidy Stitchel 38sh. Scots money for shearing 
and draught of his Naig in harvest last 1673 ex confessione 
rei. 

The qlk day James Leitheid in Nether Stitchell is judicially 
decerned to make payment to George Nisbet ther Nyn punds 
Scots money as the pryce and worth of certain dealls and 
trees bought and receaved be the said defender from the said 
Compleaner 2 years since ortherby. 

The qlk day James Smith and Alexander Lawrie in Queens- 
cairn is judicially decerned to make payment to William 
Taylor ther the number of 3 fulles of Muckitland oats eaten 
and destroyed be the defenders bestiall and apprysed be the 
sworn men or else 81ib. as the pryce and worth of the Boll 
therof In respect of the pursuers oath being referred therto 
be the defender. 
Corn £g. 17. 6. The qlk day William Moffit in Over Stitchell is judicially 
decerned to make payment to John Smith ther Nyn punds 
17sh. 6d. Scots money as the pryce and worthe of certain 
Come bought and receaved be the said Defender from the 
said Compleaner 2 years since or therby ex confessione rei. 

The qlk day John Gotrae in Nether Stitchell is judicially 
decerned to make payment to William Trumbell ther the 
sowme of 41ibs. Scots money borrowed and receaved be the 
said Defender from the said Compleaner the space of 6 years 
since or therby ex confessione rei. 

Ita est Jacobus Pringle NotariuiS publicus cler. attestor. 



Debt. 



, (s°) Ane Court halden at Stitchell Kirke upon the last day of 

1675, July 31. . r J 

July 1675 be Robert Pringle of Stitchell heretable proprietor 
of the Lands and Barronie therof. 
Curia legittime affirmata. 
Grass-rent ;^3. The qlk day Thomas Lamb in Over Stitchell is judicially 
decerned to make payment to William Moffit ther the sowme 
of 3 libs. Scots money as the grass maill of ane Nolt which was 
taken be the Defender from the said Compleaner in anno 1674 
and which nolt he did not grass conform to his conditione In 
respect of the persewars oath being deferred to be the Defender. 



1675] BARON COURT OF STITCHILL 77 

The qlk day John Hoffgard Calsa End is iudiciallv decerned ^ Dinmonts and 

, , •' , , . , °-r ■ • ^ . •', eweS;^8. 6. 8. 

to make payment to Alex L.owrie in Queenscairne the sowme 
81ib. 6sh. 8d. Scots money as the pryce and worthe of sex 
Dunments and ewes bought and receaved be the Defender 
from the Compleaner in anno 1673 ex confessione rei. 

The qlk day Robert Hopper in Over Stitchell is judicially Maiiland 
decerned to make payment to Margrat Scott ^ Lady of Queens- 
cairne the sowme of lOlib. Scots money for ilk Boll, of sex 
Bolls 3 fulls of beare compting fyve fulls for ilk Boll with 2 
merks money as the pryce and worthe of ilk peck of three 
Bolls with a full of oatmeall and quit for the maill and dewty 
of the land possesst be him perteining to the persewer in 
lyfrent for the crop 1674 ex corvfessione rei. 

The qlk day Thomas Wood in Stitchell and Margrat 3 half fulls of 
Underwood his spouse is judicially decerned to make payment °^ ^ ^'^' ^' 
to William Lawrie Officer ther three halfe fulls of oats eatten 
and destroyed be the Bestiall of Thomas Neuton and John 
Lamb in Neuton and for which the said defenders becam 
Cautioner for them or else 31ib. 2sh. as the pryce and worthe 
therof ex confessione rei. 

The qlk day James Campbell in Stitchell is judicially Fees. 
decerned to make payment to George Nisbett ther eleven 
punds 17sh. 4d. Scots money as the remainder of fyve halfe 
years fie and bountith wrought be the said Defender to the 
said Compleaner 3 or 4 years since or therby In respect of the 
defenders absence. 

The qlk day Richard Concurr in Dunse is judicially decerned Ale and Beer. 
to make payment to Alexander Robeson Maltman in Stitchell 
the sowme of 50sh. Scots money as the pryce of certain Aill 
and Beer drunken be the said Defender conform to ane futtet 
accompt maid betwixt them ane moneth since or therby in 
respect of Margrat Johnstone spous to the Compleaner her 
oath being deferred therto be the defender. 

Ita est Jacobus Pringle Notarius publicus cler. attestor. 



1 She was widow of John Pringle, eldest son of Robert (the first laird) who 
predeceased his father. It would be this old lady who concealed William 
Veitch, the Covenanter, in Queenscairn, when the soldiers were seeking for him 
all round the house after the Conventicle of Fogo Muir about 1676. 



78 



THE MINUTES OF THE 



[r675 



(SI) 
1675, Nov. 12, 
I Stack Peats 
4 raerks. 



4 fulls of Oats 
^4- 



I Boll kiln- 
dried pease 



Claims. 



Muck I2S. 



e Pecks Meal 
28. 



I peck meal 
3SS- 



(52) 

1676, Dec. ig. 



The qlk day James Campbell in Stitchell is judicially de- 
cerned to make payment to Robert Edgar in Rummeltonlaw 
four merkes Scots money as the pryce and worth of a stack 
of peats bought and receaved be him from the Compleaner at 
Lambes last with 8sh. for mawing of grass ex comfessiotie rei. 

The qlk day Agnes Lillie relict of umquhyle Patrick Giffane 
in Runningburne is judicially decerned to make payment to 
William Service in Stitchell the sowme of 41ib. Scots money 
as the modifyed pryce of 4 fulls of oats as the remainder of 
521ibs. money conteind in a Bond made and granted be the 
said umquhyle Patrick Giffane to the Compleaner in July 1672 
In respect of the defender compeared personally and confest. 

The qlk day John Gotrae in Stitchell is judicially decerned 
to make payment to David Robesone gardener at Eist Rox- 
burgh the sowme of lllib. Scots money as the true pryce 
delyvered be the Compleaner to the Defender for ane Boll of 
Kiln-dryed pels qlk he should have delyvered at Mertimes 
last ex confessione rei. 

The qlk day John Gotrae in Stitchell is judicially decerned 
to make payment to Alisone Hammiltone in Stitchell the 
sowm of 12sh, Scots for muck with ane full and 3 capfulls of 
oats for herding of the defenders bestiall ex confessione rei. 

The qlk day John Smith at Park End Cautioner for William 
Moffit in Stitchell is judicially decerned to make payment to 
James Dasone in Harpertone the sowme of 51ibs. Scots money 
as the remainder of certain corne bought be the said William 
Moffit from the Compleaner a year and a half since ex con- 
fessione rei. 

The qlk day David Hoggard in Stitchell and Robert Hoge 
in Stitchell are judicially decerned to make payment to Peter 
Corbraith in Ednam the severall sowmes of money under- 
written for the causes following To witt the said David Hog- 
gard the sowme of eight pound as the pryce and worth of fyve 
peckes of oatmeall bought and receaved be him from the said 
Compleaner at Pasch last and the said Robert Hopper 35sh. 
as the pryce of ane peik of meall bought and receaved fra the 
said Compleaner at the tyme forsaid. 

Ane Head Coui-t halden at Stitchell Kirk upon the 19 day 



i677] BARON COURT OF STITCHILL 79 

of December 1676 Be Robert Pringle of Stitchell Heretable 
Proprietor of the Lands and Bai-ronie thereof. 

Curia legittime qffirmata. 

The qlk day Andro alias David Hoggard in Nether Stitchell Claims, 
was judicially decerned to content and pay to George Pringle 
Maltman fFewar in Kelso the sums of seven pounds 15sh. 2d. 
Scots money as the pryce of certain iron and other merchand 
goods bought and receaved be the said David Hogard from 
the said Compleaner ane certain tyme bygain ex confessione 
rei. 

The qlk day Andro alias David Hoggard in Stitchell and 
Robert Lillie smith ther is judicially decerned to content and 
pay to Margrat Turnbull relict of umqhle William Courtney 
Indweller ther the sumes of money underwritten for the causes 
following To witt, The said David Hoggard the sum of 91ib. 
17sh. Scots money conforme to ane particular futtit accompt 
herewith produced In respect thereof David Hoggard com- 
peared and denyed the said Compt which the said Margrat 
instead of all farther probatioun referred the samyn to his oath 
who deferred the samyn to her oath who deponed positive. 

The qlk day James Campbell Indweller in Stitchell is judi- The Moss of 
cially decerned to content and pay to John Wilson ther the 
sume of 20sh. Scots money for not leiding of ten load of peits 
from the Moss of Home to Stitchell with 5sh. Scots of the 
damnage of a yard whether the defender had conditioned with 
the Compleaner upon the Judges modificatioun. 

Ane Head Court halden at Stitchell Kirk upon the 15th , (53) 

1077, Dec. 

day of December 1677 be Robert Pringle of Stitchell heretable 
proprietor of the Lands and Barronie therof. 

Curia legittime affirmata. 

The qlk day George Hamiltone son lawfull to Margrat 
Dicksone in Nether Stitchell, George Hammiltone eister there, 
Gavin Utterstone servitor to Bessie Turnbull ther, William 
Ramsay indweller ther, Robert Hammiltone indweller ther, 
Ritchard and Robert Taylors in Queenscairne, and Andro 
Watson ther is judicially decerned to make payment to 
William Lowrie Procurator ffiscall of the said Court the 
severall sums underwritten for the causes following, ilk ane of 



Hume. 



80 THE MINUTES OF THE [1677 

them for their own pairts as is efter divydit To witt the said 
George Hatnmiltone and the said George Hammiltone eister ilk 
ane of them fyve pounds Scots money for ryots hinc inde upon 

R'ot ;^S- uthers, in respect being proven be famous witnesses. The said 

George Hammiltone son to the said Margrat Dicksone the 

Cutting Ash Sum of lOlibs. Scots money for cutting of ane esh tree belong- 
ree^io. jjjg ^^ ^jjg right honourable the Laird of Stitchell in respect 
of his confessioun. The said Gavin Utterstone, and William 
Ramsay ilk ane of them in fyve pounds Scots money for ryots 
comitted be them hinc inde upon uthers in respect being 
proven be famous witnesses. The said Robert Hammiltone 

Stealing pease 30sh. Scots money for steiling away takeing be himselfe and 
Alexander Greenslae his servant of certain sheaves of peis 
belonging to the Teynd. The said Ritchard and Robert 
Taylors in Queenscairn and Andro Watsone ther, ilk ane of 

Unteinded corn them fyve pounds Scots money for Leiding their cornes in 

•^5- harvest last unteynded contrair to the Act of Court In respect 

of their awn confessiouns being all personally pled wherfor the 
Judge decerned in manner forsaid. 

Kain Fowls. The qlk day anent ane Complaint given in to the Court 

that the haill tennents of the Barronnie of Stitchell did not 
thankfully pay in their Kain FouUs dew and lyable in payment 
be them and ilk ane of them of the dew proportiouns of their 
Kain FouUs in dew tyme Therfore the Judge present with 
consent of the haill tennents being present for the tyme decernes 
the haill tennents to pay and delyver in the Kain FouUs to ther 
Maister in dew tyme conform to their Tacks good and suffi- 
cient to pleas the Lady of Stitchell or her order, or else to pay 
for ever of Kain Foull the sume of 8sh. of Scots money in caus 
of not delyverie Always at the said Lady her optione And this 
Sentence and ordinance to stand in force in all tyme comming 
and ordains the officer to put the samyn to dew executions. 

Oats. The qlk day Robert Hammiltone in Nether Stitchell is 

judicially decerned to make payment to Walter Gremslae ther 
halfe ane Boll of oats yeirly conforme to the rate of the Mercat 
ay and till the said Compleaner be fullie satisfied and payed 
of the sowme of nyne pounds Scots money as the remainder of 
certain fees wrought be Issobell Nisbett sister in law to the 
Harden. said Compleaner with ane ell of harden or 4sh. as the pryce 



i6y7-\ BARON COURT OP STITCHILL 81 

therof. Ane ell and a halfe of plaiding or 12sh. as the pryce plaiding. 
therof. And modifyed 30sh. for the 50sh. lybellie conteind 
in the last Article of the lyble ex confessione rei with 20sh. 
money of expenses. 

The quilk day Robert Lillie smith in Stitchell is judicially 
decerned to make payment to Walter Lowrie in Rinningburne 
the sowme of 36sh. Scots money as the pryce and worthe of 
three halfe fuUes of oats whilk the said Robert should have 3 half f"i'^s 
delyvered to the said Compleaner.as the remainder of a sowme 
of teynd in a Decreit obtained at the said Compleaners in- Teind. 
stance against him ex coitfessione rei and assoilzies the said 
Robert Lillie for the 20sh. lybeld as the pryce and worthe of 
ane iron grape brought in be the said Walter Lowrie to the graip 20s. 
said Robert Lillie his smiddy and not redelyvered In respect 
the said Robert his oath of verity given theranent being 
referred to the said Walter Lowrie with 6sh. 8d. of expenses of 
pley. 

The qlk day James Lamb in Stitchell is judicially decerned Bear 12s. 
to make, payment to James Lowrie ther the sowme of twelve 
sh> Scots money as the pryce and worthe of the halfe of halfe 
a full of bear and halfe a peck eatten and destroyed be the 
said James Lamb his bestiall in Summer last ex confessione rei 
with 4sh. of. expenses and assoilzies the said James Lamb for 
the full of oats lybeld in respect prescribed by the Act of 
Court. 

The qlk day Walter Lowrie in Rinningburne is judicially half year's fee 
decerned to make payment to William Nisbett in Over Stit- 
chell the sowme of thre punds Scots money for halfe a years 
fie wrought be the said William Nisbett his sone to the said 
Walter Lowrie ex confessione rei with lOsh. money of expenses. 

The qlk day Andro alias David Hogard in Nether Stitchell Service. 
and Elspeth ffairbairne sometime indweller ther and now at 
Neuton Mill for her interest is judicially decerned to make 
payment to Adam Neill in Stitchell the sowme of three punds 
Scots money adebted be the said Elspeith ffairbairne to the 
said Compleaner in respect she fied William ffairbairne her 
brother to serve him half ane yeirs tyme and that fra Candle- 
mas last 1677 to Michaelmas last who entered home to his 
service and remained about the space of 2 moneth or therby 

F 



82 THE MINUTES OF THE [1677 

and thereafter deserted his said service wherfor the Judge 
modifyed the said Elspeth fFairbairne and Andro alias David 
Hogard in whose hands the said sowme of three punds was 
arreisted to make the samyn furth cumming with 6sh. 8d. of 
expenses in respect the said Elspeth ffairbairne compeared 
and confest and the said Andro alias David Hoggard being 
lawfully summoned ofttymes called and not compeired was 
halden confest. 

Schoolmaster. The qlk day Alexander Robesone Maltman in Stitchell is 
judicially decerned to pay to John Turner Schoolmaster ther 
the sum of 35sh. 6d. Scots money receaved be the said Alex- 
ander Robesone — John Robesone his servitor from Thomas 
Willobie Merchand in Berwick to be delyvered to the said 
John Turner and which never was delyvered be them In 
respect of the said Alexander Robesones confessioun of the 
recept of the money but declared it was sent to him for ane 
debt dew be the said Thomas Willobie to himselfe and the 
truth wherof he referred to the said John Turners oath of 
verity who deponed positive that the said 35sh. Scots money 
was dew to himselfe and assoilzied the said Alexander Robe- 
sone from the rest of the sowme of 6sh. 2d. sterling money 
with 6sh. 8d. of expenses. 

The qlk day Robert Lamb in Stitchell and John Gotra« 
ther for his interest is judicially decerned to make furth cum- 
ming payment to John Turner schoolmaster ther 23sh. 4d. 
Scots money arreisted in the hands of the said Robert Lamb 
debitor to the said John Gotrae at the Compleaners instance 
about Whitsunday last for payment making to him of four 
merkes ex confessione rei. 

Eaten Oats. The qlk day anent ane Complaint given in be Bessie Turn- 

bull relict of umqle James Hoggard in Stitchell against Robert 
Lamb indweller ther, and that wherby the defenders bestiall 
did eat and destroy to the said Compleiner the number and 
quantity of Thrie fulls of oats apprysed be the sworn men in 
harvest last And in respect the defender did compear personally 
and denyed that his bestiall did eat the said oats and the 
pundler also present could not clear the samyn neither could 
the persewer prove the eatting therof but declared that the 
said Robert Lamb his grass lay next ajacent to the said 



1678] BARON COURT OF STITCHILL 83 

Bessie TurnbuU her cornes. And therfor alledged the ajacent 
grass should keip the wins. And it being matter of neighbour- 
hood and of ane weighty concernment amongst the tennents the 
Judge present referred the matter debaittable to the decision 
and knowledge of John Donaldsone, Robert Hamiltone, James 
and John Lamb, James Campbell, and John Smith to report 
who thought it just and reasonable that every persones grass 
within the said Barronnie of Stitchell and possessoirs therof 
should keip their neighbours ajacent wins without it be proven 
that other beasts did eat the samyne and therfor the Judge 
present with consent of the fornamed persons and tennents being 
conveined for the tyme has decerned and inacted and be thir 
pntts inacts and decernes for futur trouble in tyme cumming 
that every persons grasse next ajacent to ther neighbours 
come shall keip the grasse without it be otherways proven that 
others beasts eat and destroy the samyne and this Act to ataud 
in force in tyme cummeing. 

Ane Heid Court halden at Stitchell Kirk be Robert Pringle (54) 

of Stitchell heretable proprietor of the lands and Barronnie ' '' ' ^'^' '"* 
therof upon the 14 day of December 1678 years. 

Curia legittime qffirmata. 

'The qlk day Robert Lillie smith in Stitchell is judicially Sugar loaves, 
decerned to make payment and deliverance to John Stewart in 
Stitchell Mylne the number and quantity of three suggar loaves 
adebted and restand and awand be him to William Hopper 
merchand in Stitchell. And grants the said John Stewart had 
good and undoubted right be virtue of ane assignation granted 
be the said William Hopper to him and intimatioun following 
therupon. In respect the said Robert Lillie being personally 
pntt and confest the samyne to be in his custody and powr 
wherfor the Judge decerned in manner forsaid with 12sh. of 
expenses of pley. 

The qlk day Robert Giffan in Stitchell is judicially decerned Fees. 
to make payment to Alexander Stott servitor to Robert 
Taylor in Queenscairne the soume of Sish. Scots money as the 
remainder of 71ib. 9sh. for certein feis wrought be the said 
Compleiner to the said Defender about 3 years since. In 
respect the Defender compeired personally and confest the 



84 



THE MINUTES OF THE 



[1678 



samyn to be restand awand wherfor the Judge decerned in 
manner forsaid with Ssh. of expenses of pley. 



(55) 

1679, Dec. zo. 



Half year's fee 
SOS- 



4 ell linen and 
X ell harden los. 



Wort stain 
4 merks. 

Debts. 



Weights. 



7Halffullesof 
Oats 40s. 



Ane Heid Court halden at Stitchell Kirk be Robert Pringle 
of Stitchell heretable proprietor of the Lands and Barronnie 
therof upon the 20th day of December 1679 years. 

Curia legittime affirmata. 

The qlk day Margrat Turnbull in Stitchell and Thomas 
Courtney her sone are judicially decerned to make payment to 
James Dicksone in Home the soume of 50sh. Scots money as 
half ane yeirs fie wrought be the said Compleiners daughter to 
the said defenders about seven years since or therby with lOsh. 
as the modified worthe and pryce of halfe ane elle of Linning 
and ane ell of harden as bountith ex confessione rei with 6sh. 
Sd. of expenses. 

The qlk day Robert Lilly smith in Stitchell is judicially 
decerned to make payment to William Dickson in Ednim 
the sowm of 4 merks Scots money as the pryce and worth 
of a wort-stain bought be the said defender from the Com- 
pleiner a certain tyme bygain ex confessione rei with 4sh. of 
expenses. 

The qlk day David Haggard in Stitchell and William Hog- 
gard eister ther are judicially decerned to make payment to 
Margrat Turnbull in Stitchell the severall soumes of money 
underwritten ilk ane of them for ther own pairts as is efter 
divyded To witt the said David Hoggeard the sowme of 3 
pounds Ssh. Scots money borrowed and receaved be him fra 
the said Compleiner ane year since or therby ex confessione rei 
with ... of expenses. 

The qlk day Robert Giffan in Stitchell is judicially decerned 
to delyver to John Stewart indweller ther, ane half a stane 
weight and two pound weight which was borrowed be him 
from the said Compieaner and detained be the said defender 
from the said Compieaner, and borrowit by defender, or els to 
delyver to him the sowme of 50sh. Scots money as the pryce 
and worth therof ex confessione rei. 

The qlk day James Ker at Stitchell Mylne is decerned to 
make payment to John Stewart in Stitchell the sowme of 40sh. 
Scots money as the modified pryce and worth of seven halfe 



i68o] BARON COURT OF STITCHILL 85 

fulles of oats eatten and destroyed be the defender's bestiall in 
summer last and apprised be William Lawrie and Robert 
Hammiltone ordinar apprisers In respect the defender pntt con- 
fest the samyn and therfor the Judge modified and decerned 
in manner forsaid with 6sh. 8d. of expenses. 

The qlk day John Turner in Nether Stitcheli and John Debts. 
Wilsone at the Craig End is judicially decerned to make pay- 
ment to James Lamb in Over Stitcheli the severall soumes of 
money underwritten ilk ane of them for their own pairts as is 
efter divydit To witt the said John Turner the sowme of 40sli. 
Scots money as the modified pryce and worth of two ... of 
hay eaten and distroyed by said defender's bestiall and which 
was apprised be John Gotrae, John Smith, and Thomas Whyte 
ordinar apprysers Item the said John Turner and John Wilson 
the soume of 40sh. money forsaid equally to be payed betwixt 
them ex confessione rei with Ssh. of expenses. 

The qlk day Margrat Turnbull in Stitcheli is judicially de- Malt. 
cerned to make payment to George Pringle fewar in Kelso the 
soume of Slib. 9sh. Scots money as the remainder of certain 
malt bought and receaved be her fra the said Compleiner three 
yeares since or therby In respect of the persewars oath being 
referred to be the said defender who deponed positive with 
expenses. 

Ane Court halden at Stitcheli Kirk be Robert Pringle of ^gg^ ^^).j ^ 
Stitcheli heretable proprietor of the Lands and Barronnie 
therof upon the nyntein day of Apryle 1680 years. 

The qlk day Andro Geills in Home Byres and Andro Hud 
indweller in Rummilton Law is judicially decerned to make 
payment to William Lowrie Procurator ffiscall of the said 
Court the soumes of money underwritten the said Andro Geills Blood £to. 
the soume of ten pounds Scots money and that for a Blood 
comitted be him upon the said Andro Hud upon the 9th 
day of Apryle 1680 years in respect of . . . 

The qlk day Robert Lillie smith in Stitcheli is judicially Debt. 
decerned to make payment to Margrat Turnbull in Nether 
Stitcheli the soume of ISlibs. Scots money borrowed and 
receaved be the said defender from the said persewar about 
three years since or therby In respect of the said Robert Lillie 



ing Lint. 



86 THE MINUTES OF THE [1680 

his own confessioun with 20sh. of expenses of pley wherfor the 
Judge decerned in manner forsaid. 

(57) Ane uther Court halden at Stitchell Kirke the 7th of August 

1680, August?. ^ggQ yg^^^ ^p ^^^ jjjg^^^ worthy Robert Pringle of Stitchell 

heretable proprietor of the Lands and Barronnie therof. 
Curia legittime affirmata. 

Fine for steep- The qlk day the severall inhabitants within the town of 
Stitchell are judicially decerned to make payment to William 
Lowrie Procurator ffiscall the soume of . . . Scots money ilk 
ane of them And therfor a fyne and amerciament imposed 
upon them for laying in into the Water of Eden and uther 
running waters ther Lint to the great prejudice of the Leidges 
and killing the fishes contrair the Acts of Parliament and 
Laudable Lawes of this Kingdom. 

Riot £s. The qlk day Robert GifFan in Stitchell is judicially decerned 

to make payment to William Laurie Procurator ffiscall the 
soume of five pounds Scots money and that for ane Ryott 
comitted be him upon Adam Hoggard indweller ther ex con- 
fessione rei. 

Fee. The qlk day Robert Lillie, smith in Stitchell is judicially 

decerned to make payment to Adam Hoggard ther the soume 
of 81ibs. 6sh. Scots money as the remainder of ane years fie 
wrought be Issobell Nisbett his spouse to the said Robert 
Lillie about fyve years since or therby. 

Debt. The qlk day John Gotrae in Over Stitchell is judicially 

decerned to make payment to Thomas Courtney Chapman in 
Stitchell the soume of 581ibs. Scots money adebted and restand 
awand be him to umqle William Courtney father to the 
said Compleiner and which is confirmed in her umqhle 
fathers Testament And sichlyke Robert Hammiltone indweller 
ther is decerned to pay to the said Compleiner the soume of 
381ibs. 4sh. money forsaid adebted restand awand be him to the 
said umqhle William Courtney and contained in his confirmed 
Testament ex confessione rei. 

The qlk day Alexander Robeson in Nether Stitchell is 
judicially decerned to make payment to Robert Lillie smith 
ther the soume of 91ibs. Scots money and that for certain 
work wrought be the said Compleiner to the said defender in 



i68o] BARON COURT OF STITCHILL 87 

respect of William Watson and James Pringle their determina- 
tion to whom the business was referred ex consensu partis. 

Ane Barron Court of Stitchell halden at Stitchell Kirk be gg^'ss*)^ ^ 
Robert Pringle of Stitchell heretable proprietor of the Lands 
and Barrony therof upon the 27 day of November 1680 years. 

Curia legittime affirmata. 

The qlk day Robert Hammiltone in Stitchell is judicially Fee;^3. 6. 8. 
decerned to make payment to James Hammilton weiver there 
the sowme of six punds 4sh. Scots money for the causes follow- 
ing To witt Three punds 6sh. 8d. for a harvest fie wrought be 
the said Compleiners wyfe to the said defender about 3 years 
since or therby with 6sh. as the pryce of 27 herring for supper 27 herring 6?. 
kitchen^ and Slibs. Ish. for work wrought be the said Com- 
pleiner to the defender about a year since or therby In respect 
the said defender compeired personally and confest the samyn 
to be awghtand deducing therof 12sh. for 3 fodder of corn 
loading. 

The qlk day Richard Taylor in Queenscairn is judicially Debt. 
decerned to make payment to Alex Robeson malter in Stit- 
chell the soume of 81ibs Scots money borrowed and receaved 
be him fra the said Alexander Robesone about a year since 
past at Lambes last ex confessione rei. 

The qlk day Richard Taylor in Queenscairne is judicially 
decerned to make payment to Margrat Turnbull in Stitchell 
four punds lOsh. Scots money pairtly borrowed and pairtly for 
drink about four years since or therby Being lawfully summoned 
and not compeired was halden as confest. 

The qlk day John Hoggard called Calsa End is judicially Absoivitur. 
assoilzied fra the sowme of 31ibs. Scots money alledged adebted 
and restand awand be him to James Ker in Stitchell Mylne 
as the remainder of the pryce of a meir bought and receaved 
be the said John Hoggard fra the said James Ker upon the 
25 day of July last bypast. In respect the said James Ker 
referred the truth therof to the said John Hoggard his oath 
who being present deponed negative Wherfor the Judge 
assoilzied. 

The qlk day John Turner in Carchesters is judicially house rem ^^lo. 
decerned to make payment to William Purves in Stitchell and 



88 THE MINUTES OF THE [1680 

Margrat Richisone his spous the soume of ten punds Scots 
money as the maill and duety of ane hous sett be the said 
John Turner to the said William Purves at Whitsunday last 
which hous was ruinous and therfor the said William could not 
enter therto as also failzied to suffer the said William Purves 
to plant three capfulls of Lint seid and halfe a full of pels and 
half a pecke of beans wherfor the said Compleiner and his said 
spous is damnified in the said sowme of ten present In respect 
the said John Turner being lawfully summoned after tymes 
called and not compeirand was halden as confest. 

1681 'S I -^"^ Barron Court of Stitchell halden at Stitchell Kirk be 

Robert Pringle of Stitchell heretable proprietor of the Lands 
and Barrony therof upon the 14th day of March 1681 years. 
Curia legittime afflrmata. 
Bringing home The qlk day Cathrein Turnbull relict of the deceist James 
the millstone. Campbell in Nether Stitchell is judicially decerned to make 
payment to John Stewart ther the sowme of three punds Scots 
money as his proportionall pairt for bringing home the Mill- 
stone^ conform to the cast for the space of six years preceding 
his decease In respect the saids pairties present the said 
Cathrein Turnbull defender deferred to the said John Stewart 
his oath who deponnid positive. 

The qlk day Cathrein Turnbull, relict of the deceist James 
Campbell in Nether Stitchell is judicially decerned to make 
payment to Adam Hoggard ther the suim of 291ibs. 7sh. Scots 
money counted and reckoned betwixt the Compleiner and 
defender upon the 6 January last bypast as the remainder of 
certain fies wrought be the said Compleiner to the Defender 
Half year's fee preceiding the said day Item the sowme of 81ibs. money as 
£8^and4Pair j^^jf ^ ^^^^^ g^ ^^^^ Whitsunday 1680 to Mertimes 1680 

last bypast with four pair of hose for the Compleiners use 
and his wifes or 44sh. as the pryce and worth therof In 
4 pair hose or respect the Said defender compeired personally and confest the 
samyn. 



^ This was accomplished by inserting a young ash-tree through the aperture 
of the millstone, and using it as an axle ; all the neighbours taking turns in 
groups to trundle the millstone along the road without injuring the grinding 

surfaces, 



i68i] BARON COURT OF STITCHILL 89 

Ane Heid Barron Court of Stitchell halden at Stitchell (S9) 
Kirke be Robert Pringle of Stitchell heretable proprietor of '^^'' ^°''"*' 
the Lands and Barrony therof upon the 26 of November 
1681. 

Curia legittime affirmata. 

The qlk day Cathrin Tumbull relict of the deceast James 3 fulls oats ^^3. 
Cambell in Nether Stitchell is judicially decerned to make 
payment to Robert Lillie smith ther the soume of 31ibs. Scots 
money as the pryce and worthe of 3 fulles oats or else the said 
3 fulls of oats with 15 sheaves of shairping come In respect of 
her confessione. 

The qlk day Thomas Milne in Stitchell is judicially decerned eaten Com. 
to make payment to Alexander Lowrie in Queenscairne the 
soume of 15sh. Scots money and that for certain eatten corne 
destroyed be the said Thomas Mylne his bestiall in harvest 
last apprysed be the ordinar sworn men within the Barrony 
wherfor the Judge modified in manner forsaid. 

The qlk day Walter Lowrie is decerned to pay to William Fees. 
Moffit in Nether Stitchell the soume of 4 merkes Scots money 
for certain fies wrought be the said persewar to the said 
defender In respect of the defenders awn confessione. 

The qlk day John Hoggard called Calsay End is judicially Cordiner's Shoes 
decerned to make payment to John Dicksone cordiner in ^ ^' 
Stitchell the sowme of 38sh. Scots money as the pryce and 
worth of certain shoes bought and receaved be him fra the 
Compleiner In respect the said defender compeired personally 
and confest the samyne. 

The qlk day Walter Lowrie in Rinningburne is judicially Oats and 
decerned to make payment to John Hoggard called Calsay °™'"S' 
End the sowme of 21ib. 18sh. Scots for certain oats and ma wing 
In respect of his own confession. 

The qlk day George Hammiltone in Stitchell is judicially 
unlawed and amerciatt to pay to the Procurator ffiscall fyve 
punds Scots money for taking out of some nolt beasts out of 
George Miller at Stitchell Mill his stable at his own hands 
and brak up the said Compleiners stable door and took out Breaking Stable 
the samyn at his own hands without any order efter they were ^^' 
taken out be the Compleiners servands and found pasturing 
on his grounds And the said George Hammiltone was assoilzied 



90 THE MINUTES OF THE [1681 

from the Ryot alledged committed be him upon the Com- 
pleiners servands. 
Ox. The qlk day Thomas Galbreath in Stitchell is judicially 

decerned to make payment to Thomas Wood indweller ther 
the sowme of 61ib. 16sh. 8d. Scots money as the remainder 
of the pryce of ane ox bought and receaved be the said 
defender from the said Compleiner a year since or therby 
In respect the said defender compeired personally and confest 
the samyne. 

,„ (60) Ane Barron Court of Stitchell halden at Stitchell Kirk be 

1682, Janry, 17, 

the Right Worthie Robert Pringle of Stitchell heretable 
Proprietor of the Lands and Barronie thereof upon the 17 day 
of January 1682 years. 
Curia legittime affirmata. 
Decreit against The qlk day John Thomson weiver in Stitchell, William 
Thomson waiver ther, Alexander Hammiltoun weiver ther, 
Alexander Brown weiver ther, John Hammilton weiver ther, 
James Thomson weiver ther, Matthew Thomson weiver ther, 
Adam Hammiltoun weiver ther, George Hamilton weiver ther, 
Henry Cudbertson weiver ther, and James Aitchison weiver in 
Queenscairne is judicially decerned to make payment to John 
Underwood Procurator iSscall of the said Court the soumes 
of money and others contained in the Acts of Parliament as 
contraveiners therof in not weiving ther cloath ane ell and 
inch broad as also in keiping of unsufficient weights and in 
not trying the samyn with the weights of John Horsbrugh of 
the Sherefdom of Roxburgh In respect the haill defenders 
compeired and confest that they were guilty of both the 
Articles of the said Lybell wherfor the Judge decerned in 
manner forsaid. 
Deforcing the The qlk day Thomas Galbraith in Stitchell is judicially 
Bourlaw Officer jg^jg^jje^ ^.g j^^ke payment to the Procurator ffiscall of the 
said Court fyve punds Scots money for deforceing of the birlae 
officers and ane Ryott committed be him in offering to kill 
any of them who poyndit any of his goods ex confessione rei, 
wherfor the Judge decerned in manner forsaid. 
Cordiner 2 pair The qlk day Robert Lillie smith in Stitchell is judicially 
58s°^8d. decerned to make payment to John Dickson cordiner ther the 



1 682] BARON COURT OF STITCHILL 91 

soume of 58sh. 8d. Scots money as the worth and pryce of two 
pair of shoes bought and receaved be the said defender from 
the said Compleiner about 2 years since or therby In respect 
of his confession etc. 

The qlk day John Wilsone caryer in Stitchell is judicially Carrier. 
decerned to make payment to James Pringle servitor to the 
Laird of Stitchell and William Lowrie in Nether Stitchell the 
soume of 191ibs. lOsh. Scots money as the aggryed worth and 
pryce of certain oats bought and receaved be the said John 
Wilsone from the said Compleiner in January last ex con- 
fessione rei. 

The qlk day George Hammilton in the hill, and George Dick- Debts, 
son in Stitchell is judicially decerned to make payment to Mark 
Ker in Stitchell the severall soumes of money underwritten for 
the causes following ilk ane of them for ther own pairts as is 
efter devyded To witt the said George Hammilton the soume 
of 71ib. Scots money for Aill and borrowed money borrowed 
be hira fra the Compleiners wyfe two years since or therby 
In respect of his own confessioun. The said George Dickson 
the sowme of fyve punds lOsh. Scots money as ane harvest fie Harvest Fee 
wrought be the Compleiners servand to the said defender in '°°" 
harvest last In respect he being lawfully summoned oft and 
dyvers tymes called and not compeirand was halden as 
confest. 

The qlk day Adam Hammilton weiver in Stitchell is judi- Timber /■4. 
cially decerned to make payment to Thomas Underwood 
wright ther the sowme of four punds Scots money and that for 
certain timber work bought and receaved be the said defender 
from the said Compleiner abuit Mertimes last In respect the 
said defender being lawfully summoned oft tymes called and 
not compeirand was halden as confest. 

The qlk day William Hoggard eister is judicially de-Hay^4. 
cemed to make payment to John Hoggard called Calsay 
End the sowme of four punds Scots money as the pryce 
and worth of some hay bought and receaved be the said 
defender from the said Compleiner about Mertimes last 
In respect the said defender being lawfully summoned oft 
and dyvers tymes called and not compeirand was halden 
as confest etc. 



92 THE MINUTES OF THE [1683 

^„ (^'' Ane Heid Barron Court of Stitchell halden at Stitchell 

1683, Jan. 13. „„.,„, 

Kirk be the Right Worthie Robert Pringle of Stitchell here- 
table Proprietor of the Lands and Barronnie therof upon the 
13 day of January 1683 years. 
Curia legittime affirmata. 

Debts. The qlk day James Hoggard in Stitchell is judicially 

decerned to make payment to William Service indweller ther 
the soume of lOlib. 6sh. Scots money faithfully promitted be 
him to the said Compleiner, Yeull gin a yr. or therby. Item 
David Hoggard ther the soume of 51ib. 14!sh. as the remainder 
of a certain soume of money adebted be the said David 
Hoggard to him, and as the remainder of certain comes 
bought and receaved be the said defender fra the said Com- 
pleiner about the tyme forsaid. 

Debts. Item Walter Lowrie in Runningburne the soume of 28sh. 

for certain work wrought be him to the said defender 3 years 
since or therby And decerns the said James Hogard to pay to 
Compleiner 12sh. of expenses of pley, the said David Hoggard 
Ssh. Scots money of expenses, and the said Walter Lowry 4sh. 
money forsaid of expenses of pley. In respect they compeired 
all personally and confest the soumes of money above written 
to be justly adebted be them to the said Compleiner wherfore 
the Judge decerned in manner forsaid. 

The qlk day Robert Hopper in Stitchell is judicially decerned 
to make payment to Robert Brown in Eccles the soume 
of 131ib. 5sh. Scots money as the remainder of the pryce of 
certain bears bought and receaved be the defender from the 
said Compleiner 7 years since or therby with 24sh. of expenses 
of pley In respect the said defender his own confessione. 

Pgg The qlk day Andro alias David Hoggard in Stitchell is 

judicially decerned to make payment to Andrew Robeson ther 
the soume of 31ib. Scots money as the remainder of fyve half 
yeirs fie wrought be the said Compleiner to the defender 
about two years since or therby In respect of the defenders 
own confession. 

Tailor Work. The qlk day Gavin Utterstone servitor to William Lowrie 
in Stitchell and William Hoggard eister are judicially decerned 
to make payment to George Jonstoun taylor ther the severall 
soumes of money underwritten ilk ane of them for ther own 



i683] BARON COURT OF STITCHILL 93 

pairts as is efter divydit To witt the said Gavin Utterstone 
the soume of 24sh. as the pryce and worth of ane fuUe of oats ' f"" °f Oats 
and that for certain taylor work wrought be the said Com- 
pleiner to the defender ane certain tyme bygain with 4sh. of 
expenses Item the said William Hoggard 18sh. as the pryce i f"" "f Oats 
and worth of ane other full of oats also for certain work In 
respect of the said Gavin Utterstone being lawfully summoned 
and not compeired was halden as confest and the said 
William Hoggard his own confessions with 4sh. of expenses 
of pley. 

The qlk day Walter Lowrie in Runningburne is judicially Ewe £3. 6s. 
decerned to make payment to James Purves the soume of 
3 punds 6sh. Scots money and that as the pryce and worth of 
ane ew which was delyvered be the said compleiner to the said 
defender in grassing and did pay for the grass therof and was 
never restored back again to the said compleiner with 8sh. 
of expenses of pley. In respect the verity of the said claim 
being be the said defender referred to the persewars oath who 
refused to depone wherfor the Judge decerned in manner 
forsaid and assoilzied the said defender from the soume of 
91ibs money forsaid In respect the defender deferred the 
samyn to the persewars oath who refused to depone as said is, 
Wherfor the Judge assoilzied in manner forsaid. 

The qlk day William Dickson indweller in Stitchell is Leading Com 
judicially decerned to make payment to Margrat Turnbull ''*^' 
relict of the deceast William Courtney ther the soume of 14sh. 
Scots money and that for leiding in of the compleiners cornes 
in the tyme of harvest for which she allowed him certain gras 
for doing therof and assoilzied him wherfor the Compleiner 
was damnified in the forsaid soume with 8sh. of expenses of 
pley In respect of her own confessione wherfor the Judge 
decerned in manner forsaid. 

Ane Heid Barron Court halden at Stitchell Kirke be the (62) 
Right Honourable Sir Robert Pringle ^ of Stitchell Barronnett ' ^' ^'^' ^^' 
upon the 29 day of December 1683 yeares. 

Curia legittime afflrmata. 



1 Robert Pringle of Stitchill has now become a baronet. 



94 THE MINUTES OF THE [1683 

^g''^"^°fp«»se The qlk day John Latnb in Stitchell is judicially decerned 
to make payment to James Thomson weiver ther the soume of 
16sh. Scots money and that as the modified pryce and worth of 
ane full of pais eatten and destroyed be the Compleiners 
bestiall in summer last and which was apprysed be the ordinar 
sworne men within the Barronnie of Stitchell. 

Beare;^io. 9. The qlk day Richard Taylor in Queenscairne is judicially 
decerned to make payment to James Service in Stitchell the 
soume of lOlibs. 9sh. as the pryce and worth of certain beare 
bought and receaved be the said defender from the compleiner 
two years since or therby In respect the said defender com- 
peired personally and confest the said sowme to be justly 
adebted and restand awand be him to the said persewar 
wherfor the Judge decerns in manner forsaid. 

3 pecks oatmeal The qlk day Walter Lowrie in Rinningburne is judicially 
decerned to make payment to George Johnstone in Stitchell 
the soume of 31ibs. Scots money and that as the agreed worth 
and pryce of 3 pecks of oatmeall bought and receaved be the 
said defender from the compleiner in harvest last in respect of 
his own confession. 

Weaving. The qlk day Robert Lillie smith in Stitchell is judicially 

decerned to make payment to John Thomsone ther the soume 
of 61bs. 18s. 8d. and that for weiving of certain cloath to the 
said defender within this 3 years since or therby. 

Cordiner. The qlk day George Hammilton called also of the Hill, is 

judicially decerned to make payment to John Dickson cordiner 
ther the soume of 4Ssh. Scots money and that as the agreed 

Meal. worth and pryce of certain meall bought and receaved be the 

said defender from the said Compleiner ane year since or 
therby ex confessione rei. 

Debt. The qlk day Robert Lilly smith in Stitchell, Andre alias 

David Hoggard ther and Walter Lowrie in Runningburne ar 
judicially decerned to make payment to Thomas Courtney in 
Fogo the severall soumes of money underwritten for the 
causses following ilk ane of them for ther own pairts as is 
efter divydit To witt the said Robert Lilly the soume of 41ib. 
7sh. Scots money and that as the remainder of certain iron 
bought and receaved be the said defender from compleiner 
ane year since or therby In respect the said Thomas Courtney 



1 684] BARON COURT OF STITCHILL 95 

and the said defender compeired personally and the said 
persewar referred the verity of the said claime to the defender 
his oath who deferred the samyn to the persewars oath who 
depouned the said soume to be justly restand be him to the 
defender. The said Andro alias David Hoggard the soume 
of 51ib. Ish. Scots money and that also as the remainder of 
certain iron bought and receaved be the defender from the 
compleiner about the tyme forsaid ex confessione rei. The said 
Walter Lowrie the soume of Slib. 2sh. money also for certain 
iron about the tyme forsaid In respect of his own confessione. 

The qlk day the haill tennants within the Barronny of Stit- Dykes ; 
chell anent ane complaint given in be John Underwood Pro- "^^'^^^ ^'" *■ 
curator fliscall against them and ilk ane of them for keiping of 
insufficient dykes wherby ilk ane of them suffers their bestiall 
to eat and destroy their neighbours cornes to ther great hurt 
and prejudice contrair to the Acts of Court and Dayly Practiqs 
of this Kingdom wherfor the said Judge has decerned you 
and ilk ane of you to keip and make your dykes sufficient in 
tyme cumming and authorises the former Acts maid theranent 
and also for not paying of Vicaradge at Mertimas yearly which 
in tyme comming the Judge decerns them to pay punctually 
at the said Term yearly under the paine of Doubling. 

Ane Barron Court of Stitchill halden at Stitchill Kirk be (63) 
the Bight Honourable Sir Robert Pringle of Stitchill Knight '^^4, May 19. 
Barronnett heretable proprietor of- the Lands and Barronnie 
therof upon the 19 day of May 1684 yeares. 

Curia legittime affirmata. 

The qlk day George Hammilton in the Hill is judicially pebt. 
decerned to make payment to Robert Giffan in Stitchill the 
soume of Slibs. Scots money pairtly for merchand goods and 
pairtly borrowed money ane year since or therby In respect of 
the said defender compeired personally and denyed the said 
claime which being be the Persewar referred to the defenders 
oath was deferred be the defender to the persewars oath of 
verity who deponnid positive and therfor the Judge decerned 
in manner forsaid. 

The qlk day Walter Lowrie in Stitchill is judicially 7 days' work 
decerned to make payment to George Johnstone ther the '"■ 



96 THE MINUTES OF THE [1684 

soume of 21sh. Scots money and that for 7 dayes work wrought 
be the said compleiner to the defender in Aprylle last or 
therby In respect the said defender compeired personally and 
confest the said sowme to be justly restand awand be him to 
the Persewar wherfor the Judge decerned and ordained in 
manner forsaid. 

Malt. The qlk day Marion Douglas, in Stitchill is judicially 

decerned to make payment to David Home indweller in Home 
the soume of lOlib. 5sh. 8d. Scots money as the remainder of 
the pryce of two Bolls and a halfe of Malt bought and 
receaved be the said defender from the said Compleiner in the 
moneth of March 1683 yeares. In respect the said defender 
being lawfully summoned oft tymes called and not compeirand 
was halden as confest. 

Riot. The qlk day anent the claime given in be John Underwood 

Procurator ffiscall against Robert Lillie smith in Stitchill and 
Henry Sinclair Farrier ther making mention that wher upon 
the 18 day of January 1684 years last bypast they and either 
of them did in ane most violent inhumane and unchristian 
manner most maliciously and furiously hurt stryke and ding 
ilk ane of them another in severall pairts of ther bodies to the 
effusion of either of ther bloods in great quantity and therfor 
they and ilk ane of them ought and should be punished in 
ther body and goods conform to the Acts of Parliament and 
dayly Practice of this Kingdom to the terrore of others to 
committ the lyke in Tyme cumming. The qlk claime being 
heard red seen and considdered be the said Judge and the 
said Robert Lillie compeirand personally and confest ane 
Ryott efter probatioun given in be the said Henry Sinclair 
and denyed the blood and severall famous witnesses being 
adduced sworn and examined upon the poynts of that said Lybell 
The said Judge did find the said witnesses did prove sufficiently 
that the said Robert Lilly had committed ane blood wytte or 
ryott upon the said Henry Sinclair wherfor the said Judge 

Uniawed. onlawed and amerciat the said Robert Lilly in the said Blood 
and Bloodwytt and Ryott conform to the Acts of Parliament. 

Half year's Fee The qlk day Walter Lowrie in Rinningburne is judicially 

^3- 6- decerned to make payment to John Brocky and Alisoun Brocky 

his sister To witt to the said John Brocky the sowme of Slib. 



1 684] BARON COURT OF STITCHILL 97 

6sh. Scots money and that for halfe a years fie wrought be the 
said Compleiner to the said defender To the said Alison Brocky Harvest Fee 
the soume of 51ibs. lOsh. money forsaid for ane harvest fie in 
harvest last ex confessione rei. 

The qlk day anent the Lybell and Claime given in be John Sumptuary law 
Underwood Procurator ffiscall against Richard Taylor in 
Queenscairne William Thomsone in Stitchill Hector TurnbuU 
ther Robert Hammilton ther Robert Waitt ther Robert Waitt 
mason ther John Wood ther Robert Lamb ther Walter Lowrie 
in Rinningburne Mark Ker in Stitchill Marion Douglas ther 
Jenett Mill ther Margrat Turnbull ther and George Hope in 
Park End Mentioning that whereas our Soveraigne Lord witli Marriages 
advyce and consent of his Estaits of Parliament be Act of Parlia- Burial™^ 
ment of the daitt the threttein day of September 1681 years Con- 
sidering the great hurt and prejudice arising to this Kingdome 
be the superfluous expenses bestowed at Marriages, Baptisms, 
and Burialls for repressing of which abuse in tyme cumming 
His Majesty with advyce and consent of his Estaits of Parlia- 
ment Does statute and ordaine that Marriages Baptisms and 
Burialls shall be solemnizat and gone about in sobber and 
decent manner and that at Marriadges besides the marrying 
persones their parents children brothers and sisters and the 
family wherein they live ther shall not be present at any 
Contract of Marriadge, mariage or infare^ or meitt upon the 
occasion therof above four friends on either syde with their 
ordinary Domestick servants And neither Brydegroom nor 
Bryde nor ther parents or relations tutors or curators for them 
and to ther use shall make above two changes of rayment at 
that tyme or upon that occasion Certifying such persons as 
shall contraveine if they be Landit persones they shall be 
lyable in the fourth pairt of ther yearly valued rents. And 
these who are not Landit persones in the fourth pairt of ther 
moveables. Burgesses according to ther condition and means 
not exceiding 100 merkes Scots And mein craftsmen or 
servants not exceeding 100 merkes And if ther shall be any 
greater number of persones ther aforesaid in any house within 



' An entertainment given upon the entry of a bride to her new home. 

G 



98 THE MINUTES OF THE [1684 

Burgh or Suburbs therof or within two mylles of the samyne 
wher Penny Weddings are maid that the Maister of the 
house shall be fyned in the soume of 500 merks. And it is 
statute and ordained that at Baptismes upon that occasione 
besydes the parents children brothers and sisters there shall 
not be present above four witnesses And trew it is that the 
. . . haill fornamid persones has contraveinid the said Act of 
Parliament wherfor they ought and should be unlawed and 
amerciat conforme to the tennor therof as the said Lybell 
bears which being callid and the haill fornamid persones .... 
[Unfinished in MS.^ 

168 M^ h "^^^ Barron Court of Stitchill halden at Stitchill Kirk be 

S, arc 10. ^^^ jj^jgjjt Honourable Sir Robert Pringle of Stitchill Knight 
Barronnett heretable proprietor of the Lands and Barronnie 
therof upon the 10th day of March 1685 years. 
Curia legittime qffirmata. 

Debt. The qlk day Robert Giffan in Stitchill is judicially decerned 

to make payment to Issobell Ormestoune in Queenscaime the 
soum of 36sh. Scots money as the remainder of 10 punds as 
the pryce and worth of certain meall bought and receaved be 
the said defender and his wyfe about ten years since and the 
remainder of ane harvest fie In respect the said defender com- 
peired personally and confest the said soumes to be treuly 
restand awand to the said Persewar wherfor the Judge decerned 
in manner forsaid. 

Two Nags. The qlk day Alison Gotrae relict of the deceast William 

Hoggard in Stitchill is judicially decerned to redely ver to 
Andro alias David Hoggard son to the said deceast William 
Hoggard Two naigs which pertained to the said Compleiner 
and was lent be him to his deceast father to be maid furth 
cumming to the Compleiner when he should call for them 
And which two naigs was bought be the said Compleiner from 
Adam Hoggard wright in Stitchill and Robert Hoggard ther 
about 3 years since or therby And accordingly payed for the 
samyn to them and whilk was in the custody of the said 
defender. In respect of the Depositions of severall famous 
and the said Compleiner his own oath In respect wherof the 
Judge decerned in manner forsaid, 



1 686] BARON COURT OF STITCHILL 99 

The qlk day Alison Gotrae in Stitchill is judicially decerned Bin, 
to make payment to William Lowrie in Stitchill the soume of 
6 pounds lOsh. Scots money of Principal with 30sh. of expenses 
contanid in a Ticket maid and granted be the deceast William 
Hoggard husband to the said defender to the said William 
Lowrie of the daitt the 20 day of December 1685 as als the 
soume of 24<sh. money forsaid as the pryce and worth of certain 
strae bought and receaved be the said Defunct fi'om the Com- 
pleiner ane year since or therby In respect of the Defenders 
own confession and of the Ticket produced wherfor the Judge 
decerns in manner forsaid. 

The qlk day Alison Gotrae relict and executor to the Redelivery of 
deceast William Hoggard in Stitchill at least intromissatrix '-•°''- 
with the said Defuncts goods and geares is judicially decerned 
to redelyver to Robert Hoggard sone to the said Defunct ane 
claik hackit cow which pertained to him and which was bought 
be the compleiner from James Purves in Smailholm about 
seven years since or therby and was lent be the said Com- 
pleiner to the said Defunct to be maid furthcumming be him 
when he should call for the samyn which cow was in the pos- 
session of the said defender In respect of the persewars oath 
who deponnid that he bought the said cow from the said 
James Purves about the tyme forsaid with his own money and 
was delyvered be him to his said deceast father to be maid 
furthcumming when he should call for the samyn Wherfor the 
Judge decerned in manner forsaid. 

The Barron Court of Stitchill halden at Nether Stitchill be (65) 
the Right Honourable Sir Robert Pringle of Stitchill Knight 1686, January = 
Barronnett Heretable Proprietor of the Lands and Barronny 
therof upon the 2nd day of January 1686 yeares. 

Curia legittime affirmata. 

The qlk day Walter Lowry in Runningburne is judicially 2 pecks oat- 
decerned to make payment to William Mill in Stitchill the ""^^^ '*4s. 
sowme of 44sh. Scots money as the pryce and worth of two 
pecks of oat meill bought be the defender from the complainer 
two years since or therby with Ssh. as ane dayes threshing In j day's thresh- 
respect the said defender compeired personally and referred the '"g 3s. 
truth therof to the defenders oath of verity who being all 



100 



THE MINUTES OF THE 



[1686 



Dowcat Mains, 



Mare and 
Corn. 
Trinity 
Monday. 



present referred the samyn to the persewars oath who de- 
ponnid positive wherfor the Judge decerned in manner forsaid. 

The qlk day Alison Gotrae in Stitchill is judicially decerned 
to make payment to Thomas Welsh Dowcat Mains the sowme 
of 61ibs. Scots money pairtly for service and pairtly for oat- 
meall bought and receaved be the defender from the said 
complainer about 10 years or therby And likewyse assoilzies 
the defender from the rest of the Lybell and assoilzies William 
Moffat in Stitchill from the haill payments of the Lybell In 
respect the persewar referred the truth therof to the defenders 
oath of verity simpliciter and the said William Moffat de- 
ponnid negative wherfor the Judge decerned and assoilzied in 
manner forsaid. 

The qlk day Thomas Hoggard in Stitchill, Principal, and 
John Hoggard called Calsay End his brother, cautioner for 
him is judicially decerned to make payment to James Purves 
in Smailholm the sowme of 12 pounds Scots money as the 
remainder of the pryce of ane mear and corns bought be the 
said Thomas Hoggard from the said Complainer at Trinity 
Monday last. Ex confessione rei. In respect therof the Judge 
decerned in manner forsaid. 

The qlk day Alison Gotrae in Stitchill is judicially decerned 
to make payment to George Wood in Rummelton Law the 
sowme of 4 merkes Scots money as the pryce and worth of ane 
Stack of peitts bought and receaved be her umquhile husband 
from the said Complainer about ane year since or therby with 
J peck Bear 4s. halfe a peck of beare of bountith or 4sh. as the pryce and 
worth therof ex corvfessione rei. 

The qlk day Andro alias David Hoggard in Stitchill is 
judicially decerned to make payment to William Lawrie in- 
dweller ther the sowme of Slib. 15sh. Scots money as the 
pryce and worth of halfe ane Boll of beare bought and 
receaved be the said defender from the said Complainer about 
5 years since or therby ex confessione rei wherfor the Judge 
decerned in manner forsaid. 

The qlk day Andro alias David Hoggard in Stitchill is 
judicially decerned to make payment to Mr. Andrew Hammil- 
tone minister of . . . and William Lowrie in Stitchill his 
factor the sowme of 5 pounds 6sh. 8d, Scots money as the 



Stack of peat 
4 merks. 



I Boll Bear 
£3- IS- 



Minister. 



/^^ — ^\ 

kf NOV \\ 

1686] BARON COURT OF STITCHILL Yi^^^—^^ 

remainder of the pryce of ane naig bought and receaved be Nag. 
the said defender from the Complainer about 5 years since or 
therby In respect of the said defender his own confession. 

The qlk day Robert Hopper in Stitchill is judicially de- 
cerned to make payment to Alexander Small wright in Gallo- 
shealls the sowme of 31ib. Scots money In contentation and 
satisfaction to him of 71ibs. money forsaid acclaimed be him 
from the said defender as the pryce and worth of ane new wain A\agon Wheel 
wheill bought and receaved be the said defender from the said ^''' 
Complainer three years since or therby. 

Ane Barron Court of Stitchill balden at Stitchill be the (66) 
Right Honourable Sir Robert Pringle of Stitchill Knight 
Barronnett Heretable Proprietor of the Lands and Barrony 
therof upon the 2nd day of January 1686. 

Curia kgittime ajjlrmata. 

The qlk day in presence of the said Sir Robert Pringle of Act of 
Stitchill sittand in judgement anent the thirty fourth Act of 
the First Parliament of King James the Seventh halden at 
Edinburgh the second day of January 1685 entituled Act 
ordaining that Tennents be oblidged by their Tackes to live 
regularly Quherin it is statute and ordained 'that all Masters 
whether heretors lyferenters propper wodsetters tutors tacks- 
men Donators of Wards or Lyferents shall in all tyme cum- 
ming insert in all Tacks to be sett be them to ther Tennents 
as Weill in Burgh as Landwards ane expres clans wherby the 
Tenant shall obleidge himselfe that he, his family, cottars 
and servants shall live peaceably and regularly frie of all 
faniticall disorders, under the pain of the Tennent cottar or 
servant contraveining, ther loseing the halfe of their moveables 
respective each for ther own fault ; And wher ther is no 
written Tack that all the Tennents shall enact themselves in 
the Masters Court-Book or in the Towns Court Books within 
the Burgh, or give Bond to that eflFect, and in the tennor for- 
said which enrollment of Court is to be subscribed by the 
Tennent or if he cannot wrytt be the Clerk of the Court in 
his name And if the Master or any of the persons forsaid 
shall faill herein they shall pay ane years rent of the Lands 
sett otherwyse, — a third part therof to the Discoverer if he 



102 



THE MINUTES OF THE 



[1686 



Fanatical 
disorders. 



The whole 
tenants. 



prove the same, and two parts to the Kings Majesty ; and all 
Masters and others forsaids who have Lands already sett in 
Tacke without the said clause, are otherwyse ordained to 
enroll the same and insert the said Clauses in them, betwixt 
Whitsunday 1686 or to take ane oblidgement apairt from the 
Tennent beiring these clauses otherways to remove summa,rily 
such Tennents as refuse to accept them on the said conditions 
notwithstanding of any former Tackes which in this caice are 
theirby declared voyd and null And in caice the Tennents will 
not immediately remove that the Master may committ them 
to prison And it is heirby statute and ordained that if any 
Tennent shall refuse to renew his Tack, enact himselfe or give 
Bonds in terms forsaid he shall be lyable to pay to his Master 
one years rent of the Lands sett to him And this but preju- 
dice or derogation to all former Acts of Parliament wherby 
Masters are obleidged for their tennents in the manner con- 
cerning them respectively As the said Act of Parliament of 
the daitt forsaid in itselfe more fully bears. Conforme to the 
which Act of Parliament and in obedience therto compeired the 
whole tennents' within the Barrony of Stitchill pertaining to 
the said Sir Robert Pringle and does hereby enact bind and 
obleidge them and ilk ane of them their airs and successors 
they they ther families, cottars and servants shall live peaceably 
and regularly free of all faniticall disorders in tyme comming 
under the paine and penalties containd in the said Act of Par- 
liament maid theranent And that they and ilk ane of them 
shall fulfill and obey the said Act of Parliament in the whoU 
heads tenor and contents of the samyn in all poynts In witness 
wherof they have subscrybed thir pntts with ther hands as 
foUowes day, place and moneth and year of God above 
written : — Alexander Lowrie, Robert Taylor, John Dickson, 
Robert Giffen, Waltour Hennry, Robert Smith, John Watson, 
Adam Hogart, James Haggart, Robert Giffan, Robert Lillie, 
Mark Ker, James Hamelton, Willim Tomson, Adam Hender- 
son, John Donaldson. 



^ These number sixteen in all. A small tenantry to be commemorated in 
Baron Court Minutes ! Some may not have come forward ; others, perhaps, 
could not write. 



i688] BARON COURT OF STITCHILL lOS 

The Barron Court of Stitchill halden at Stitchill Kirk be ^ggg October 20 
the Right Honourable Sir Robert Pringle of Stitchill Knight ' ' '"° ^'^°' 
Barronnett Heretable Proprietor of the Lands and Barronnie 
therof upon the 20 day of October 1688 yeares. 

Curia legittime qffirmata. 

The qlk day anent ane Complaint given in be Mr. William Marriage and 
Keith schoolmaster at Stitchill against James Dicksone in 
Stitchill, James Steill ther, Robert GifFen ther, and John 
Dickson ther, mentioning that conforme to the ancient 
custome which in this said Barrony the haill inhabitants 
therof wer in use to pay to the preceiding schoolmaster of the 
said towne the Kirk Dewes for Baptismes and Marriadges within 
the said Barrony And therfore humbly cravit that the for- 
namid persons and ilk ane of them might be decerned to 
content and pay to him as pntt schoolmaster of the said 
towne ther respective proportions of the said Decreat for 
Kirk, for Baptismes, and marriadges adebted be them and ilk 
ane of them as the said Complaint beares Which being called 
the said Judge sittand in judgment decerned and ordained 
the fornamid persons and ilk ane of them to content and pay 
to the said Mr. William Keith schoolmaster the said Kirk 
Dewes for ther marriadges and Baptismes ilk ane of them for 
ther own parts conform to use and wont in manner following 
viz. — the said Ja Dickson for ane Baptisme the said James 
Steill Robert Giffan, and John Dickson ilk ane of them for 
ane marriadge to be payed betwixt and Tuesday nixt being 
the 23rd October instant ilk persone under the pain of fyve 
punds Scots and ordains the Barron Officer to put the samyn Penalty £,s. 
to execution. 

As also the said day the said Judge sittand in Judgment Compulsory 
anent ane complaint given in be the said schoolmaster ^ which 
the said Judge taking to his consideration inacts statutes and 
ordaines the haill tennents within the said Barronny who has 
children capable to learn to send ther children to the publict 
schooll betwixt and Tuesday nixt under the pain of ten pounds 
Scots ilk failzie and that none of the said tennants or cottars 



1 Here it is seen that in the parish of Stitchill during the ' Killing Time ' there 
was 3. system of compulsory education already established. 



104 



THE MINUTES OF THE 



[1688 



that have daughters shall send them to any sewing school 
Two full years' within the Barronny till they have been two full yeares reading 
;^io. '" °'^ at the said publict schooll under the pain forsaid of ten 

pounds for ilk failzie toties quoties and ordaines the Officer to 

put the said Act to executione. 

Ita est Jacobus Pringle Notarius Publicus cler. attestor. 



(68) 
1691, Feb. 28. 



Debt. 



Calumny. 



Peats 30s. 



Absolvitor. 
Eaten Oats. 



^ peck oats 5s. 
I Capful pease 
35. 



The Barron Court of Stitchill halden at Stitchill Kirk be 
the Right Honourable Sir Robert Pringle of Stitchill Knight 
Barronnett heretable Proprietor of the Lands and Barronnie 
therof upon the last day of February 1691 yeares. 

Curia legittime afflrmata. 

The qlk day Margrat TurnbuU in Stitchill is judicially 
decerned to make payment to William Lowrie indweller ther 
the soume of 16 pounds Scots money borrowid and receaved 
be the said defender from the Complainer ane year since or 
therby In respect the said defender being lawfully summoned 
ofttymes called and not compeired was halden as confest. 

The qlk day John Robisone in Stitchill is unlawed and 
amerciatt in ten pund Scots money for calumniating of 
Alexander Dicksone ther in his good name in saying he had 
sworne wrongouslie being in ane fencit Court ex confesskme rei. 

The qlk day Walter Lowrie in Rinningburne is judicially 
decerned to make payment to Manie Ackae in Home the 
sowme of SOsh. Scots money as the pryce and worth of 
certain peitts bought and receaved be the said defender from 
the complainer in Summer last In respect the said defender 
compeired personally and confest the same. 

The qlk day John Hoggard Calsay End in Stitchill is 
assoilzied from 82s h. Scots money acclaimed be Walter Lowrie 
in Rinningburne for the pryce of certain oats alledged eatten 
and destroyed be the defenders bestiall in respect not persewid 
within a year and a day efter the alledged eatting therof. 

As also the said John Haggart is decerned to make payment 
to the said Walter Lowrie SOsh. Scots money as ane pairt of a 
carriadge of wayne to Eyemouth 6 yeires since with lOsh. as a 
pairt of the carriadge of a wayne to Coldstreame with 5sh. 
money as the pryce of half a peck of oats and Ssh. for ane 
capfull of pels borrowit and receaved be the defender from the 



1691] BARON COURT OP STITCHILL 105 

complainer within this fourtnight. Item Twenty shillings 

rnoney forsaid for the carriadge of a load of lyme from Stitchill °"^jP.e "'"^ 

to Edinburgh within this Twelve moneth or therby Item 4sh. 20s. 

money forsaid as the fourth pairt of a carriadge of twa horse 

to Coldstream Item 50sh. money forsaid for twa Loades of 

corne leading ex confessione rei. 

Ane Head Barron Court halden at Stitchill Kirk Be the ^ (^e) 

1091, Nov. 4. 

Right Honourable Sir Robert Pringle of Stitchill Knight 
Heretable Proprietor of the Lands and Barronnie therof upon 
the fourth day of November 1691 yeares. 

Curia legittime affirmata. 

The qlk day Walter Lowrie in Rinningburne is judicially Waulk mill. 
decerned to make payment to Andro Wood at Sisterpath 
Waulkmylne the soume of 50sh. Scots money in satisfaction 
of Slibs. money forsaid acclaimed be the said Andro Wood 
from the said Walter Lowrie for halfe a yeirs fee wrought be d year's fee 
the Complainer to the defender 4 years since or therby ex ccm- 
fessione rei, with 6sh. 8d. of expenses. 

The said day Margrat Turnbull in Stitchill is j udicially iyear's fee 
decerned to make payment to the said Andro Wood the 
soume of 31ib. 13sh. 4d. Scots money for half a years fee 
wrought be the said Complainer to the defender 4 years since 
In respect she being lawfully and ofFttymes called and not 
compearand is halden as confest 8sh. of expenses. 

The qlk day Ritchart Taylor in Queenscairne is judicially Covi £,i6. 10. 
decerned to make payment to Robert Sinclair in Home the 
soum of 161ib. lOsh. Scots money as the pryce of ane cow 
bought and receaved be the said defender from the Complainer 
eleven yeirs since or therby wherof the said defender within 
this fourtnight promitted payment being lawfully and ofttymes 
called and not compeired was halden as confest with SOsh. of 
expenses. 

The qlk day John Hoggart in Stitchill and Magdalen Claim. 
Hammiltone relict of the deceast James Hoggart ther are 
decerned to make payment to Adam Hoggart wright the 
soume of 50 merkes Scots money arreisted in ther hands 
belonging and adebted be them to David Hoggart in Neutoun 
equally betwixt them ex confessione rei Superceiding Extract 



106 



THE MINUTES OF THE 



[1691 



Deforcement 



Taking use of 
na-g £5. 



i year's fee 



Abstracting 
grain £5. 



Hummel corn. 



of the said Decreit of Furthcomming against the said Magdalen 
Hammilton for the equall halfe of the said 50 merkes till such 
tyme as ther be executors confirmed to the deceast James 
Hoggart her husband. 

The qlk day James Johnstoun herd in Queenscairne and 
Ritchart Taylor ther ilk ane of them are unlawed and 
amerciat in 51ibs. Scots money for ane Deforcement comitted 
be them upon the Bourlaw Officer when he was executing his 
Office in taking violently from him certain poynds legally 
poynded be him And ordaines them to make payment of the 
said fyne within term of Law They being lawfully summoned 
ofttymes called and not compeired war halden as confest. 

The qlk day James Taylzeor in Stitchell is unlawed in 
51ibs. Scots money for spuilzeing and away takeing of ane 
Naig belonging to Robert Giffan ther off the grounds and 
lands of Stitchill when the samyn was pasturing for the tyme. 
And ordaynes him to be pundet therfor ex confessione rei The 
said persewar and defender transacting before Court for the 
damnage sustayned in want of the said Naig during the said 
space of 5 dayes the defender still made use of the same in 
rydeing to severall places in the country with the same and 
for his expenses in seiking of the said Naig 3sh. 

The qlk day Walter Lowrie is decerned to content and pay 
to James TurnbuU his servitor the soum of 41ib. 18sh. Scots 
money in contentation of 51ib. 16sh. money forsaid acclaimed 
for ane halfe years fie wrought be the Complainer to the 
defender two years since or therby In respect of the persewars 
oath being deferred therto be the defender with 12sh. of 
expenses. 

The qlk day Walter Lowry in Runningburne is decerned 
and unlawed in 51ib. Scots for abstracting of his grist and 
corn^ from the Mill of Stitchill as also decerned to make 
payment to George Johnstoun miller of double multure for 
halfe a Boll of Hummel corn abstracted be him from the said 
Mill In respect the verity therof being referred to his oath he 
refused to depone. 



1 This was the corn that a tenant was bound to have ground at the mill to 
which he was thirled. 



1692] BARON COURT OF STITCHILL 107 

John Robesone is decerned the said day for payment to the Double 
said George Johnstoun of double multure for 3 furlets of """"""• 
Hummel come abstracted be him and unlawed in 51ib. for his 
transgression In respect of his refusal to depone. 

John Mein is decerned to make payment to the said George Hummel com. 
Johnstoun of double multure for 2 furlets of Hummel corne 
abstracted be him from the said Mill of Stitchill and unlawed 
in 51ibs. for his transgression all abstracted halfe a year since 
or therby In respect of his refusing to depone. 

The qlk day Robert Taylor in Queenscairne is decerned to Fee. 
make payment to George Hammilton in the Hill fyftie three 
shillings four pennyes Scots money as the remainder of a 
harvest fie wrought be the Complainers wife Marion Purves 
in harvest bygain a year Ofttymes called and not compeiring 
was balden as confest. 

Ane Barron Court balden at Stitchill Kirk be the Right (70) 
Honourable Sir John Pringle^ of Stitchill Knight Barronnett ^^''' ^^P' ^■ 
heretable proprietor of the lands and Barronnie therof upon 
the 5th day of September 1692 years. 

Curia legittime affirmata. 

The qlk day anent ane Complaint given in be John Under- Service of 
wood Procurator fflscall of the said Court against the haill ili'rd" '^ ° ^ 
tenants and cottars within said Barronnie of Stitchill makand 
mention that wher they and ilk ane of them are obleidged to 
make dew and thankful service to the right honourable the 
Laird of Stitchill their Master conform to use and wont. And 
trew it is and of verity that the said inhabitants within the 
said Barronnie doe refuse to work the work of repairing of the 
Kirk of Stitchill conform to use and wont. And therfor Repair of the 
they and ilk ane of them ought and should not only be 
decerned to make payment of such soums of money propor- 
tionably amongst them as the Judge should think fitt to 
modifie. But also inacted in tyme coming to work for repair- 
ing of the said Kirk and all other necessary work to the Laird 
of Stitchill therin when required as the said Complaint beares. 



^ Observe here the name of the new laird, Sir John Pringle. The 
last occasion on which Sir Robert presided at a Baron Court was on the 
4th November 1691. 



108 THE MINUTES OP THE [1692 

Penalty £s- Which the said Judge taking to his consideration ratifyes and 
approves the former Acts made theranent and unlaws the 
haill persons transgressors who refused to work ilk person in 
51ib. Scots money. As also ordayn the haill persons in tyme 
coming proportionally and to furnish and bring with them 
barrows, ridles and other necessaries for the said work as they 
shall be callid out and required ilk person under the pain of 
51ib. toties quoties and this Act to stand in force in all tyme 
coming and to be put to dew and lawful! execution. 

The qlk day Archibald Dickson in Stitcliill is decerned to 
make payment to George Hammiltone in the Hill the soum 
of ISlib. 5sh. 8d. Scots money resting of ISlib. 6sh. 8d. for ane 
harvest fie wrought be the Complainer and Marion Purves his 

64 Supper wyfe to the defender gain a year with 20sh. as the pryce of 
threescor and four supper herring ex confessione ret. 

Act anent The qlk day John Hoggard and Magdalen Hammilton are 

Barron^Court!^ ^^^ ^^^ °^ them unlawed in lOlibs. Scots money for summond- 
ing of Adam Hogart wright in Stitchill and insisting against 
him before the Commissary Court contrair to the Acts of 
Court ex confessione rei And ordayns that they and the rest 
of the inhabitants within this Barronnie insist in tyme comeing 
befor the Barron Court of Stitchill anent any action of 
neighbourhood under the pain of 51ib. Scots toties quoties and 
ratifies the former Acts made theranent. 

(71) Ane Head Barron Court halden at Stitchill Kirk be the 

1692, Dec. 31. jj^jgij^ Honourable Sir John Pringle of Stitchill Knight 
Barronnett heretable proprietor of the lands and Barronnie 
therof upon the last day of December 1692 yeares. 
Curia legittime affirmata. 
Debt. The qlk day Mimgo Archibald in Stitchill is decerned to 

make payment to John ffkirbairn in Bowes the soume of 
lOlib. 18sh. Scots money Principall ISsh. 4d. of expenses of 
pley conteind in a Decreit obtained at the Complainers 
instance against the defender before the Baron Court of Eist 
Gordon upon the 3rd of August 1689 In respect the said 
defender compeired and alledged 41ib. Scots of the said soum 
payed qlk he referred to the persewars oath who deponnid 
negative with 21sh. of expenses. 



1692] BARON COURT OF STITCH ILL 109 

The qlk day William Alexander in Stitchill is decerned to 
pay to Nellie Edmistoun relict and executrix confirmed to the 
deceist William Dicksone in Ednim the soume of 221ibs. Scots 2 Bolls Beat- 
money as the pryce and worth of two Bolls of beare bought ^'^'^■ 
and receaved be the said defender from the said deceast 
William Dicksone the Complainers husband about two yeires 
and a halfe since or therby wherof the said defender oft and 
dyvers tymes promitted payment In respect the said defender 
being lawfullie summoned ofttymes called and not compeirand 
was halden as confest 20sh. of expenses. 

The qlk day Mungo Archibald is decerned to make pay- Debt, 
ment to John Turten in Eist Gordoun the soume of 151ibs. 
16sh. 8d. Scots money contained in a Decreit obtained at 
the Complainers instance against the said Mungo Archibald 
before the Court of Eist Gordoun upon the 3rd of August 
1689 yeires In respect of the Decreit produced and the 
defenders own confession. 

The qlk day Mark Ker in Stitchill is decerned to pay to Debt. 
John Lamb in Newtoun the soume of 121ib. 4sh. Scots money 
as ane part of ISlib. 6sh. restand of a greater soum adebted be 
the said defender to the Complainer as the pryce of certain 
beare bought and receaved be the said defender from the said 
Complainer 4 years since or therby and assoilzied for the rest 
eoc confessione rei. 

The qlk day Ritchard Taylor in Queenscairne is decerned to Harvest fee 
pay to George Hamilton in the Hill the soum of six pounds £^- ^^■ 
6 shillings Scots money as ane Harvest fie wrought be the 
Complainer to the defender in harvest last with 24sh. money 
forsaid as the pryce and worth of ane full of beare of bountith 
ex confessione rei with 12sh. of expenses. 

The qlk day Walter Lowrie in Runningburne is decerned 
to pay to Robert Hamiltoune in Stitchill the soume of 221ibs. 
Scots money for the causes following viz. ISlibs. money forsaid 
as the pryce of 9 fulles beare bought and receaved be the 
defender from the Complainer 2 yeirs since or therby and 
41ibs. money forsaid as the remainder of 4 fulles of peise bought ;f 18. 
and receaved by the defender from James Lamb father-in-law 
to the Complainer and wherto the said Complainer has good 
and undoubted right ex confessione rei. 



I Full Beare, 
24s. 



110 



THE MINUTES OF THE 



[1692 



I Stone Oats, 

36s. 



The qlk day Margrat Turnbull is decerned to pay to 
Thomas Underwood wright the soume of 36sh. Scots money 
as the pryce and worth of ane stone of oats eatten and 
destroyed be the defenders bestiall two yeirs since or therby 
whicli was apprysed be the ordinar apprysers within this 
Barronnie of Stitchill ex corvfessione rei. 



(72) 

1693, Jan. 14. 



Act anent 
Crops, manur- 
ing, rotation, 
etc. 



2 Harvest fees, 
£^0. 10. 



Debt. 



(73) 
1694, May 8. 



Ane Barron Court halden at Stitchill be the Right Honour- 
able Sir John Pringle of Stitchill Knight Barronnett heretable 
Proprietor of the Lands and Barronnie therof upon the 
fourteen day of January 1693. 

The qlk day the said Sir John Pringle sittand in judgment 
statutes and ordaynes the haill tennants and possessors of the 
lands of the Barronnie of Stitchill to manure ther lands and 
to keip the ordinar breaks with neighbour and others and to 
sow the quantitie and qualitie of the said corne as fourmerlie 
usit in all tyme coming and ryve out no pairts of ther said 
lands nor they were in use to doe in all tyme comeing under 
the pain of 401ib. Scots money to be payed be ilk person 
contraveines toties quoties And lykewyse no person to have 
the fourth cropt in the outfield or infield grounds ^ ilk person 
under the payne forsaid and ordaynes this pntt Act to stand 
in force in all tyme hereafter. 

The qlk day Walter Lowrie in Rinningburne is decerned 
to pay to Issobell Hoggart daughter to the deceast William 
Hoggart wester in Stitchill the sowme of lOlib. lOsh. Scots 
money for two harvest fies wrought be the Complainer to the 
defender 3 years since or therby with 7sh. money forsaid for 
supper herring ex confessione rei. 

The qlk day Ritchard Taylor in Queenscairne is decerned to 
pay Ritchard Gotrae wright in Stitchill the sowme of 27sh. 6d. 
Scots money for certain particulars contand in an accompt 
produced, the defender being lawfullie cited ofttymes callid 
and not compeirand was halden as confest. 

The qlk day Robert GifFan in Stitchill and Walter Lowrie 
for his interest are decerned to make furthcumeand payment 



' This means that the ground was to lie fallow every fourth year, and to have 
no crop taken off it. 



1694] BARON COURT OF STITCHILL 111 

and delyverance to William MofFat of the soume of lOlib. 
Scots money adebted be him to the said Walter Lowrie and 
arreisted in his hands at the instance of the said William 
Moffat ex confessioiie rei. 

As also the said day Robert Hamiltoun furthcumand pay- 
ment and delyverance to the said William Moffat of three 
half fulls of oats and a capful adebted be the said Robert 
to Archibald Dickson in Stitchill and arreisted into his hands 
upon the 4th of May instant or 36sh. Scots as the pryce and 
worth therof ex confessions rei. 

The qlk day Robert Hoggart in Stitchill is decerned and Housebreaking 

1J-. joi. j?T_i* /» 3-^d Assault 

unlawed in ten pounds scots money tor breaking up of^jo. 
Andro Wilsons door under cloud and silence of night and 
assaulting and invading the said Andro threatening to kill 
him in his own hous In respect of the said Robert his own 
confessione. 

And the said Andro Wilson is unlawed and amerciat in Contumacy and 
ten pounds for his contumacie in not compeiring to hear and ^""""y **°- 
see Decreit pronounced against him for scandelizing the said 
Robert Hogart in his good name and reputation by saying 
that he was ane knave and unhonest man and many other 
opprobrious words and expressions he being lawfuUie sumond 
ofttymes called and not compeirand. 

The qlk day Patrick Millar is unlawed in ten pounds for Contumacy 
Contumacie he being lawfully summoned ofttymes callid and ^^°' 
not compeirand to have heard witnesses led and adduced against 
him at the instance of the Procurator ffiscall for proving that 
the said Patrick threatened to fell the said Barbara Wilson 
spouse to Thomas Hendersone in Stitchill and to break her 
back and invading her house and avowing that he would bum 
the same and that he would burn her for ane witch. ^ Witch. 

And that the said day Margrat Black spouse to the said Riot ^5. 
Patrick Millar and the said Patrick Millar for his interest are 
onlaid in 51ib. for ane Ryott committed be the said Margrat 
Black upon Margrat Dicksone spouse to John Anderson in 
Stitchill 20 days since or therby and was ordayned to pay 



' An example of a vindictive accusation too common in that age, whereby 
many an innocent woman suffered martyrdom as a witch upon false accusation. 



112 THE MINUTES OF THE [1694 

Corporal the same betwixt and the nixt Court day under the payn of 

punis ment. corpoTsdl punishment ^ In respect the said Margrat Black com- 

peired and confest the ryott. 
Do. The said day the said Margrat Dickson and the said John 

Anderson her husband for his interest are inlaid in 5 pounds 
for ane Ryott comitted be the said Margrat Dickson upon the 
said Margrat Black and ordayned to pay the same betwixt 
and the nixt Court day under the payn of corporall punish- 
ment ex confessione rei. 
Harvest fee ;fs. The qlk day Ritchart Taylor in Queenscairn is decerned 
to pay to Alex. Hopper in Stitchill 51ib. Scots money for ane 
harvest fie wrought be iiim about 4 years since or therby with 
40sh. money forsaid restand of ane other harvest fie wrought be 
Full of bear the Complainer to the said defender fyve years since 28sh. as the 
iupper herring prjce of ane full of beare of bountith 12sh. money forsaid for 
":2s. supper herring the defender being lawfully summond ofttymes 

called and not compeirand was halden as confest. 
Bringing home The qlk Judge ordayns the haill tennents within the Bar- 
trees, rounnie of Stitchill to bring home betwixt and Saturday come 
eight days the Mill-axetries lying at Aikwood under the payn 
of SOlibs. Scots and ordayns the officer to poynd and compryse 
for the same immediately after refusal or delay whenever they 
shall be required to doe the same be George Johnstoun miller. 

(74) The Barron Court of the Lands and Barronny of Stitchill 

I 94, ov 17. jjg^jjg^ ^^ Stitchill Kirk be the Right Honourable Sir John 

I'ringle of Stitchill Knight Barronnett upon the 17th day of 

November 1694 yeares. 

Cvna legittime affirmata. 

Miller, his The qlk day the said Sir John Pringle sittand in j udgment 

°rest^Services, ratifies all former Acts maid in favor of the miller and anent 

>="=■ the multures and other dewties and services dew and payable 

at the said Mylne of Stitchill And statutes and ordaynes that 

all the tennents and other Residenters within the Barronnie 

of Stitchill shall grind their whole corns they shall make use 

off for ther families at the Mill of Stitchill Discharging 

1 This is rather an unusual sentence in Stitchill, and intimated to a woman 
too : she may have been a hardened offender. So too with her opponent, who 
was threatened also, 



1694] BAHON COURT OF STITCHILL 113 

heirby for the tyme to come any person within the said 
Barronnie to sell ther corne in Mercats and buy meall with the No corn to be 
pryce therof for the sustenance of ther families under any °° '" "^^' ^ ' 
pretence whatsoever With certification who shall contraveine 
said Act shall be lyable in . . . multure to the miller besyds 
the penulties containd in the former Acts and in which it 
shall be thought fitt they should be amerciat in by the judge. 

And sicklyke statutes and ordayncs the miller to keip good Good mill- 
and sufficient Mill-stones and all other materials requisit in all fervfcef"^ 
tym comeing and lykewise ordaynes the miller to continew 
such measures as hes been used and wont formerly and 
ordaynes his servants and under millers to waitt punctually at 
the mill and give all dew and thankfull service under the said 
penalty and others as shall be thought fitt by the Judge.'^ 

The qlk day the said Judge ratifies and renews all former Acts anent 
Acts maid in Stitchill anent the planting of tries and lykewise ^° '"^ 
statutes and ordaynes that every tennent plant six tries yearly Tenants 6 
at ten foott distance till his whole yaird be filled and every xrees. °""^ 
cottar thrie tries yeirly at the said distance till the whole 
yaird be filled. Beginning the first years Plantatione at the 
same term of Mertimes 1694 yeires And ordayns that the 
saids tries for this year be planted betwixt the daitt of this 
Act and the 1st day of January nixt to come under the payne penalty £5. 
of 51ibs. Scots for ilk failzie The one half of it to be applyed 
to the use of the poor And appoynts Alexander Lowry and 
Thomas Underwood to make intimation of this to the Kirk Kirk Session. 
Sessione Giving power to William Lowry Officer to poynd 
immediately for the said penalty when he shall be desyred to 
do the same be the Session And appoynts vesitors to put the 
said Act into executione viz. William Lowrie, Thomas Under- 
wood, Jon. Donaldsone, and ordayns all the tennants and 
cottars forsaid to keip ther yairds under sure fence against all 
beasts for preventing of skaith either to themselves or ther 



' This Minute and its predecessor appear to indicate one of the periodical 
outbreaks of the tenantry against the miller as the representative of the vexatious 
thirlage. Mutual complaints had been raised ; hence the judgments of the 
baron as to the inhabitants bringing home the mill-axletree from the Oakwood 
when called upon to do so by the miller ; also the commands laid upon him and 
his servants anent proper service, etc. 

H 



114 THE MINUTES OF THE [1694 

neighbours Under certification forsaid And for incouradgment 

of the said tennants and cottars to put this Act into execu- 

tione a grant is heirby maid to them of everie sixt trie so 

planted to be made use of at ther pleasure and cutt at the 

Kinds of Trees. Sight of the proprietor or any of his appoyntment The kynds 

and species of tries are declared to be as follows Esh, Elm, 

Allar, and Saugh according to the different nature of the 

ground wher they are to be sett. And renews all former 

Corn to the Acts maid anent the bringing of good and sufficient dry corne 

'^'"' to the myller of Stitchill under such penulties containd in 

the former Acts maid theranent. 

Certifying lykewyse that if the corn rejected be the miller be 
found to be good and sufficient he shall be obleidged to grind 
the samyn corn multure free. 

The qlk day Andro Murdy servitor to George Johnstoune 

miller at Stitchill Mylne or any uther servants at the said 

mill ar ordayned in all tyme cumeing to give thankfuU service 

Thirled. Half-a- to the Tennant and uthers thirled to the said mill under the 

crown penalty. pe^aH-y ^f halfe a crown 1 for ilk failzie the one halfe to be 

applyed to the use of the Complainer. 
Debt. The qlk day Robert Hoggart in Stitchill is decerned to pay 

to Jannett Puntan ther the soume of 50sh. Scots mdney in 
contentation of 4!libs. money forsaid acclaimed be the said 
persewar from the said defendar which was borrowid and 
receaved be them fra the deceist Elspeth Johnston sister-in- 
law to the Complainer. To which soume the said Complainer 
obtained ane precept from William Johnstoun in Blakader 
who had good and undoubted right therto upon the defender 
ordering him to pay the samyn to the Complainer. The said 
defender compeiring and acknowledged the forsaid soume to 
be restand awand but cravid compensation for his alledged 
keeping and intertaining the said defunct at his house for the 
space of twenty days Which the said Judge sustayned In 
respect of his oath being referred therto by the persewer and 
modifyed ex consensu half a crown for the same to be deduced 
off the said foure punds acclaimed. 



1 This is the first indication of the supersession of the ancient Scots money by 
the English money sterling. 



i69S] BARON COURT OF STITCHILL 115 

The qlk day the haill tennants and cottars compeired and 
took Instruments of ther said compeirance being lawfully 
summoned and called at this held Court. 

As also the wholl Tennents and cottars wer onlaid and Green Lint in 
amerciat ilk ane of them in 40sh. Scots money for contravein- ^°'^''^' ^"^' 
ing the Acts of Parliament made anent Laying in of Green 
Lint in Lochs and Burns and Running Waters ex confessione rei. 

The Courts of the Lands and Barronny of Stitchill halden (75) 
at Stitchill Kirk be the Right Honourable Sir John Pringle of 
Stitchill Barronnett heretable proprietor of the Lands and 
Barronny of Stitchill and pertinents upon the 4th day of May 
1695 yeares. 

The which day the said Sir John Pringle sittand in judg- PuUingwooi 
ment upon ane Complaint given in be severall of the Tennants o*^ Sheep. 
within the said Barronny bearing that herds and others does to 
ther great prejudice pull the wouU of the sheep pasturing 
upon the saids Lands of Stitchill which the Judge taking to 
his consideratioun Dischairges herds and all uthers within 
the said Barronny to pull the wouU of the sheep pasturing 
upon the grounds and Lands of Stitchill in tyme comeing 
under the severall penalties both of ther persons and goods. 
With respect certificatione that parents and masters of 
families shall be lyable the parents for ther children within 
ther own doors and the Masters for such herds and servants 
as have no waidges. 

And sicklyke Inacts statutes and ordaynes all these that Casting divots. 
cast divots upon the said grounds and Lands of Stitchill or 
upon any pairt within the Barronny therof to lead them away 
with the first convenience certifying that if they be suffered to 
lye so long as shall indammage the ground in which they are 
casten or occasion the casting of new divots In that caice 
the casters shall be lyable to the master of the ground in the 
full value of the divotts and ordayns the Burlaeman to look 
diligently to see the said Act put to deu executione with 
certification, etc. 

The qlk day Thomas Underwood, John Brunton, and 
Patrick Miller are adjoyned to the present Burlaemen who 
gave their oaths dejideli administratione officiorum. 



136 



THE MINUTES OF THE 



[169s 



Absolvitur. 



Claim. 



Chest, 



The which day James Turnbull in Stitchill is assoilzied 
from seven sheaves of peas strae acclaimed from him be Patrick 
Millar alledged furnished be the Complainer to the defenders 
sheip the tym of the storm in winter last In respect of the 
defenders oath being referred thereto by the Persewar. 

The which day Ritchard Gotrae wright in Stitchill is 
judicially decerned to make payment to James Matthew ther 
the sowme 32sh. 6d. Scots money for certain cowan work^ 
wrought be the Complainer to the defender in harvest last In 
respect the Persewar and defender both compeired personally 
and the defender alledged that the Persewar promised to 
accept of four bed stoups in contentatioun of the soume 
lybelled which he referred to his oath who deponnid negative. 

The which day Mart Hamilton spouse to Robert Dickson 
in Stitchill and the said Robert for his interest are judicially 
decerned to pay to Adam Hoggart wright ther 44sh. Scots 
money as the remaynder of the pryce of ane meikle Cheist 
bought and receaved be the said defender Hamilton from the 
Complainer 10 years since In respect the defender being law- 
fuUie summoned ofttymes callid and not compeirand was 
halden as confest. 



(76) 

169s, Nov. 23. 



Lint in 
Streams, etc. 



Worker for 
Churchyard. 



Ane uther Head Court of the Lands and Barronny of 
Stitchill halden within the kirk therof be the Right Honour- 
able Sir John Pringle of Stitchill Baronett upon the 2S day 
of November 1695. 

Curia legitime affirmata. 

The qlk day compeired the wholl Tennants and cottars 
within the said Barronny and took Instruments of their com- 
peirance. 

And also the forsaid day the wholl Tennants and Cottars 
wer unlaid and amerciat conform to the Act of Parliament 
each one of them for contraveining the Act of Parliament in 
laying in of- their Green Lint in Lochs, Burns and other 
Running waters ex confessione rei. 

The which day the haill Tennants and cottars within the 



1 This seems to mean pruning or lopping off branches. It might also refer to 
the building of dry-stone dykes. 



i69S] BARON COURT OF STITCHILL 117 

said Barranny are ordayned to furnish a sufficient worker day 
about for carying out the Rubbish lying in the Churchyaird 
when they shall be required to doe the same. 

And lykewyse he ordaynes and requires all the said Tennants Vicarage 
and Cottars when they pay ther Rents at Mertimes to bring 
in with them the respective Vicaradges ^ of ther Lands and 
Coattyairds. This is ordayned to be extendit to the Castle 
Wairds. 

And in like manner ordaynes the visiters appoynted in the planting. 
Act anent Planting maid in November 1694 to take Inspection 
how the same hes been observed and to report the nixt Court 
day And ordaynes the same to be observid yearly In tym 
cumeing till it have the designed effect. The qlk day 
John Wilsone and James Robison are both inlaid and amer- 
ciat each of them in Slibs. Scots money for injust setting of ^^f^^jjjs^' 
their Stoucks^ of a design to prejudice the teynding in Harvest 
last contraire to all Law and equity and reason and Acts of 
this Court In respect being lawfully summond for that 
effect. 

The Court of the Lands and Barronny of Stitchill Halden 1535, Dec. 21. 
within the Kirk therof be the Right Honourable Sir John 
Pringle of Stitchill Barronnett heretable Proprietor of the 
Lands and Barronnie therof upon the 21 day of December 
1695. 

Curia legittime affirmata. 

The qlk day the said Sir John Pringle sittand in iudgment Meal to be 

^^ J ^ o J o ^ ^ ground at 

dischairges all residenters tennents as weill as coatters within stitchill Mill. 
the Barronny to vend any meall of one sort or other within 
the said Barronnie but what they shall grind at the Mill 
themselves or buy from other residenters within the 
Barronnie. 

Item it is statute and ordayned that no execution of m?[i"no'tto\e 
arreistment and poynding to be maid for any grain lying at arrested. 



^ This means the vicarage teinds payable from the produce of the lands and 
cot-yards. 

' These two men had so artfully arranged their stooks of corn that every 
tenth stook would contain the thinnest and poorest corn, to the prejudice of the 
laird or the minister when drawing their teinds. 



118 THE MINUTES OF THE [1695 

the Milln or against the millers for that effect but that the 
same be personallie execute against those to whom the saids 
grain pertains or at ther dwelling hous within the Barronny 
of Stitchill for all tyme therafter. The which day James 
10 Ells of Hogg weiver in Stitchill is iudicially decerned to make pay- 

Cloth as yarn ""= •> •' t i t« i • t 

£s. ment to Elspeth ffairbairn spouse to John Kobison In- 

dweller ther and the said John for his interest the soumes of 
money following for the Causes efter specified viz, — the soume 
of 51ib. Scots money as the pryce of Ten elles of cloath 
which was delyvered be the Complainer to the defender in 
woollen yairne to be woven be him two years since or therby 
and never redely vered Item the soume of 81ib. Ssh. money 
forsaid as the pryce and worth of ane parcell of scoured and 
reilled yairnes delyvered be the Complainer to the defender 

14 Ells of cloth ane year since which was said to be 14 elles of good and 

as yarn ;^8. 8s. •' ini ci 

sufficient cloath which cloath the defender refused to weave 
and most wrongously detaynes the same from the Complainer 
to her great prejudice The same being in hazard of rotting 
In respect the said Defender being lawfully summoned to have 
compeired this day and place as was sufficiently verified be the 
Officer at the Barr ofttymes called and not compeirand was 
halden as confest Allowing to the Defender Liberty to redress 
himself if he can instruct the Persewer has chairged him with 
ane unreasonable value of the yairne. 

Nag. The which day Hector Turnbull in Stitchill is judicially 

decerned to make payment to Alexander Hislop wright ther 
the soume of 10 pounds Ssh. Scots money as the remainder of 
the pryce of a Naig bought and receaved be the said defender 
from the said Complainer at Lambes last In respect of the 
defenders confession. 

Contumacy ;f J. The which day William Andersone weiver is unlaid and 
amerciat in 51ibs. Scots money being contumacious in refusing 
to depone as witness in ane Action persewed at the instance of 

Wauik Mill. Mungo Archibald in Stitchill against James Watson waulker 
at Stitchill Waulk Milne ther being no lawfuU objection 
against him. 

(78) Ane uther Court of the Lands and Barronny of Stitchill 

1696, May 9. ^o\im within the Kirk therof be the Right Honourable Sir 



1696] BARON COURT OF STITCHILL 119 

John Pringle of Stitchill Knight Barronnett Heretable Pro- 
prietor of the Lands and Barronny of Stitchill, Queenscairne 
and Pertinents upon the 9th day of May 1696 yeares. 

Curia legittime affirmata. 

The which day the said Sir Jolin Pringle sittand in judg- Reparation of 
irient enacts statutes and ordaynes all such persons as gets 
money put into ther hands for making sufficient such houses 
as they enter to at the nixt term of Whitsunday 1696 yeares 
to bestow the money wholly upon the said houses betwixt and 
the Term of Mertimes next to come as they will be answerable 
at the sight of competent judges and workmen for that effect 
under the payne of 51ib. Scots money each person contraveiner 
of this pntt. Act by and attour the soumes requisit for making 
the house sufficient and for the more effectual putting of this 
in execution Appoynts William Lawrie with any two of the 
Bourlaemen he shall pitch on to be joyned with Thomas Under- 
wood, Thomas Watts and Adam Richison workmen to take in- 
spection of the saids houses and report ther diligence herein at 
the Head Court at Mertimes next And for that end ordayns 
ane Extract to be given therin containing a List of the houses 
and possessions comprehendit under the present Act. 

The which day Robert Hoggart eister in Stitchill is Debt, 
judicially decerned to content and pay to Thomas Underwood 
Wright ther the sowme of lOlib. lOsh. Scots money restand 
of 161ibs. lOsh. money forsaid borrowed and receaved be the 
defender from the Complainer 2 years or therby ex confessione 
ret. 14sh. expenses. 

The which day Elspeth Fairbairn spouse to John Robison winter fee, 
maltman in Stitchill and the said John for his interest ar i eiuinen°^6°.'^ 
judicially decerned to make payment to Alison Alexander °^^ gj,' ^^^''^"j^ 
servitrix to Patrick Miller in Maynrigg the soum of 61ib. hose, or i ell 
Scots money for halfe a years fee wrought be the Complainer 
to the defender from Mertimes 1694 to Whitsunday 1695 last 
by past with lOsh. money forsaid as the pryce of an ell of 
Linnen : 6sh. money forsaid as the pryce of ane ell of harden 
with 8sh. as the pryce of a pair of hoze or an ell of plaiden In 
respect the said defender compeired personallie and confest the 
same lOsh. expenses. 

The which day the said Judge sittand in judgment aneiit 



120 THE MINUTES OF THE [1696 

Cutting Whins, ane Complaint given in be Alexander Lowry in Queenscairne 
and the rest of the Tennents ther with the concurrence of the 
Procurator ffiscall of the said Court against the haill inhabi- 
tants of the Barronny of Stitchill makand mention That quher 
contrair to the Acts and Statutes of this Court ther are 
severall inhabitants within the Barronny of Stitchill in use to 
cutt whins upon the Complainers possession without either 
license or allowance to ther great prejudice and therfor humbly 
craved that they might not only be discharged to doe the lyke 
in tym eomeing but also unlaid therfor As the said Com- 
plaint bears Which the Judge taking to his consideration dis- 
chairges all residenters in the Nethertown of Stitchill and 
uthers to cutt any whins in tym eomeing upon the Com- 
plainers ground except these who hes a particular allowance 
for that effect under the penalty of twenty shillings Scots 
money Mies quoties the halfe of the said penalty to be 
allowed to the apprehenders of the said persons Understanding 
heirby that non of the saids residenters ar hindered to cutt 
whins within their own possessions The said penalty to be 
decerned for at the Burlae Court at any tym at the instance 
of the said Complainer and execution to pass immediately 
upon the Sentence of the Burlae Court for that effect The 
other halfe of the penalty to be disposed upon the Bourlae 
Men as they shall think convenient. 

(79) Ane Head Barron Court halden at Stitchill Kirke be the 

1696, Dec. 5. j^.gj^^ Honourable Sir John Pringle of Stitchill Knight 
Barronnett upon the 5 day of December 1696 years. 
Curia legittime qfflrmata. 

The which day the whoU tennants and cottars compeired 

personally and took Instruments upon their compeirance. 

Green Lint. The which day the saids Tennents and cottars within the 

Barronnie of Stitchill are unlaid and amerciat conform to the 

Acts of Parliament for contraveining the Acts of Parliament 

in laying in and steiping of Green Lint in Lochs, Burnes, and 

other Running Waters as also the haill weivers in keiping of 

Weights and insufficient weights and measures not tryed with the Standard 

Measures. ^^^^ ^^ ^-^q held Brugh of the Shire In respect of ther own 

confessiones. 



1696] BARON COURT OF STITCHILL 121 

The which day John Robeson maltraan in Stitchill and Debt. 
Elspeth fFairbairn his spous are judicially decerned to content 
and pay to Margrat Scott relict of the deceist William Lowrie 
in Stitchill as executors and other ways haveing right from 
her said deceist husband the soume of Ane hundred and 
twelve pounds Scots money as the remainder of the pryce of 
Twenty ane Bolls Beare bought and receaved be the said 
defender from the Complainers deceist husband twa yeires 
since or therby conform to ane fitted Accompt between the 
Complainer and the Defender upon the 21 of October last. In 
respect the said defender compeired personallie and confest the 
forsaid sowm to be truly restand and the said persewar pro- 
duced the said fitted accompt for instructing therof 

The which day John Richison son to Adam Richardson in Teinding. 
Stitchill is unlaid and amerciat in lOlib. Scots money for leading 
and away takeing of certain corns in tym of Teynding and not 
attending upon the Teynding but leading his own cornes con- 
trair to the Acts of Court and to the great hindrance and pre- 
judice of the teynding In respect the said Lybell was sufficiently 
instructed. 

The qlk day Robert Waitt mason in Stitchill is judicially Debt, 
decerned to make payment to Elspeth fFairbairn in Stitchill 
and John Robeson her husband for his interest the sowme of 
41ib. 17sh. Scots money compted betwixt the Complainer and 
defender upon the 4 day of December instant ex confessione rei. 

The which day George Aitchison merchand in Stitchill Claim 
is judicially decerned to make payment to George Hamiltoun 
in the Hill the sowm of 161ib. 7sh. Scots money restand of a 
greater sume which was deu by James Steinsone merchand in 
Kelso to the Complainer and for which the said defender 
became debtor and undertook to pay to the Complainer halfe 
a yeirs since or therby with 12sh. money forsaid as the pryce 
of ane Ennle sheitt ^ which the defender promised to get up to 



' Enel-sheet ; literally an end-day sheet, a winding-sheet. 
' Forbye a dainty enel-sheet, 
Twa cods, whilk on the bouster meet, 
An' slips anew to mak' complete 
A beddin' o' the kin' O.' — Wat. Watson. 
The enel-sheet was a double sheet of fine linen which thrifty females selected 



1^2 



THE MINUTES OF THE 



[1696 



(80) 

1696, Dec. 



Compulsory 
Education, 



Chapman. 



I year's Fee 
^S- 10- etc. 



the Complainer from the said James Stevison and as yet never 
performed ex confessione rei. 

Ane uther Court of the Lands and Barronnie of Stitchill 
halden at the Kirk therof be the Right Honourable Sir John 
Pringle of Stitchill Knight Barronnett heretable proprietor of 
the Lands and Barrounie therof upon the 12 day of the said 
moneth of December 1696 yeares. 

Curia legittime afflrmata. 

The which day the said Sir John Pringle statutes and 
ordaynes and requires all persons and residenters within the 
said Barronnie of Stitchill as are in a capacity That they putt 
their children to the public Schooll within the said Barronnie 
under the payne of Ten pounds Scots money each person con- 
traveining of this Act for ilk failzie toties qitoties efter they 
shall be required to doe the same allowing them from the daitt 
heirof full six dayes that non may pretend ignorance and 
ordayns summar executioun to pas against the offenders and 
transgressors by poynding or otherways without necessity of 
taking Decreits thereupon And ratifyes all former Acts made 
anent the school. 

The which day George Hammiltoune is judicially absolved 
and assoilzied from ane Lybell and claim persewed at the 
instance of George Aitchison chapman ther. mentioning that 
wher the said defender in June last obleidged him to have 
procured from James Stevisone merchand in Kelso an Bond for 
the soume of S^libs. Scots money In favor of the Complainer 
wherof the defender postpones and deferres to doe the same. 
And the said defender compeired personally denyed the claim 
which was be the said persewar referred to his oath who 
depounid negative. In respect wherof the Judge assoilzied in 
manner forsaid. 

The which day Mungo Archibald in Stitchill is judicially 
decerned to pay to William Crawfoord in Stitchill the soume 



and carefully preserved in fold ready to be used as a covering for their dead body 
before it was put in the coffin. It was a special requisite of a bride's outfit, and 
decked her bed on the marriage night, after which it was carefully laid past to 
be used again only as her last earthly covering. — SuJ>p. Jmnieson's Scot. Diet., 
Donaldson, 



1696] BARON COURT OF STITCHILL 123 

of 51ib. lOsh. Scots money as ane years fee wrought be 
Margaret Crawford the Complainers daughter fra Whitsunday 
1695 to Whitsunday 1696 with six quarters of Linning or 8sh. 
Scots as the modifyed pryce of the ell therof of bountith 
Reserving actioun for ane ell of harden if they can instruct the 
same ex confessione rei. The said persewar as having right from 
his daughter being instructed. 

The which day Adam Haggart wright in Stitchill and Abstracted 
James Steill taylzeour there are judicially unlaid and amerciat 
each of them Ten pounds Scots money for abstracted Multures 
since Mertimes last as also reserving action to the miller 
against the defenders for multure and uther casualties dew to 
him to be persewed at the millers pleasure and lykewyse 
reservand to the defender all action for any just complaint 
they may have against the millers ex corifessione rei. 

The which day llohn Smith at Stitchill Parkend Margrat Debt. 
Scott relict of the deceist William Lawrie baillie in Stitchill 
James Lamb elder ther and John Donaldson ther are judicially 
decerned to make payment to Robert Gottrae indweller ther 
the soume of 321ibs. Scots money advanced be the Complainer 
to the defenders for outreicking of ane souldier ^ for the paroch Furnishing a 
of Stitchill preceiding Whitsunday last ilk ane of them for 
ther own pairts with the interest of the said Principall Soume 
from the daitt of this Decreit In respect the defender Scott 
compeired personally and confest and the rest of the defenders 
being lawfully summoned ofttymes callid and not compeirand 
wer halden as confest. 

The which day Robert Liggaitt herd in Stitchill is judicially A Full of peas 
decerned to make payment to Adam Hoggart wright ther the 
soume of ane pound lOsh. Scots money of Principall as the 
pryce modified of ane full of peis eatten and destroyed be the 
defenders bestiall wherto he was herd by his neglect with 21sh. 
money forsaid as the modified pryce and worth of 3 stoucks of l^^^'^^is"'^ 
strae also eatten and destroyed be the defenders bestiall in 



1 This is now the reign of King William ill. Those five persons had borrowed 
money from Robert Gottrae in order to pay their costs towards furnishing a 
soldier for Stitchell parish, which they were now ordered to pay, along with 
interest due. 



124 THE MINUTES OF THE [1696 

harvest last In respect the said persewer compeired personallie 
and produced ane nott of ... be Jon Donaldson and James 
Lamb and the said defenders own confessione. 

(81) Ane uther Barron Court halden at Stitchill Kirk be the 

I 97,januaryi4. ^j^j^^ Honourable Sir John Pringle of Stitchill Barronnett 
upon the 14 day of January 1697 yeares. 
Curia legittime affirmata. 
Act in favour of The which day the said Sir John Pringle sittand in Judg- 
;^io penalty, ment anent ane complaint given in be James Watson waulker 
at Stitchill Waulk Mylne which the Judge takeing to his 
consideratioun dischairges all persons within the Barronnie of 
Stitchill either men or women masters servants or children 
to agent for other waulkers in the country by doing ther 
indeavours for procuring work to them within the Barronnie 
of Stitchill in any manner of way directlie or indirectlie under 
the pain of lOlib. Scots money each person toties quoties who 
shall contraveine this Act.^ 

The qlk day the said Judge sittand in judgment anent the 
Lybells persewed at the instance of Ritchard Gottrae and 
George Aitchison both indwellers in Stitchill hiric hide against 
others mentioning that wher they and ilk ane of them in ane 
inhumane and unchristian manner upon Sabbath was eight 
days being the sixth of January instant beatt and stryck each 
of them others in severall pairts of ther body to the effusion 
Riot and o{ ther bloods in great quantitie and particularly the said 

felSfonand Ritchard Gottrae by blooding the Complainer Aitchison in 
blood wyt ;f so. his face by giving him blowes therupon with his hands and 
tether and ry ving of his hair as the Lybell bears. Which being 
callid and the saids George Aitchison and Ritchard Gottrae 
both compeiring personaUie The said Ritchard Gottrae confest 
he beatt the said George Aitchison and gripped him be the 
hair of his head and tare the same And the said George 
Aitchison confest that he beatt Gottrae and laid violent hands 
upon him as also confest that he said if Gottrae did not quitt 



1 The effect of this Act by the baron was to thirl the inhabitants of the 
Barony to the waulk-mill just as they were also thirled to the corn- 
mill. 



i697] BARON COURT OF STITCHILL 125 

with the tether he wold cutt it through with his knyfe and 
denyed the other expressions lybelled. Which Lybells and 
confessions of the fornamid pairties the Judge takeing to his 
consideratioun and finding be their own acknowledgements 
and confessions concurring with other unquestionable evidences 
and presumptions that they are guilty each of them of a Ryott 
and profanation of the Sabbath day blood and bloodwytt 
Therfor unlaes and amerciats the saids persons each of them in 
ffyfty pounds Scots money And remits to the Burlaemen to 
consider whether or not George Aitchisons horse was upon 
the uthers skaith And in that caice whether or nott Ritchard 
Gottrae could lawfuUie take ane tether for a poynd and to 
determine according as they shall see causes in other points 
of neighbourhead By ordayning reparation of damnage fyning 
or any other manner of way they shall find fitt. 

The qlk day the Judge ordayns both pairties to witt George loomerks' 

^ J o J L o caution. 

Aitchison and Ritchard Gotrae to enact themselves to keip 
the publict peace under the payn of 100 merks that they 
abstain from anything that may be prejudiciall to others in 
ther bodies goods and possessions And that they shall not 
threatten others with injurious words and expressions under 
the said penalty of 100 merks the halfe to be applyed to the 
use of the pairty damnified and ordayns the officer to see this 
Act put into execution and ane Act to be extended therupon 
in ample form and both pairties to subscrybe the said Act. 

The which day Robert Hammiltoune, John Watson, Adam New Burlae- 

men. 

Hoggart wright, James Service, Thomas Simm younger, John 
Younger and George Wilsone are added to the number of the 
Burlaemen formerly mentioned who gave their oath de Jideli 
admmistratione officiorum and appoynts fyve to be a quorum 
of which Alexander Lowry always to make ane. Robert 
Hammiltoune, John Watsone, Adam Hoggart, James Service, 
John Younger, Thomas Simm declairs he cannot writt. 

The which day Thomas Underwood wright in Stitchill is Malt ^i6 per 
judicially decerned to content and pay to William Maisone 
in Neuton Mylne the soume of 181ib. Scots money as the 
remainder of the pryce of ane Boll and a halfe of Malte 
bought and receaved be the defender from the Complainer at 
Lambes last at 161ib. the Boll ea? confessione rei. 



126 



THE MINUTES OF THE 



[1697 



Ita est Gulielmm Pringle, Notarius Publicus acpraedict. curies 
clericus testam.. his meis signo et subscriptione manualibus. 



Claim. 



Deforcing a 
Sheriff Officer, 



(82) Ane uther Barron Court holden at Stitchill Kirk be the 

x697january.3. j^jgl,^ Honourable Sir John Pringle of Stitchill Knight 
Barronnett heretable proprietor of the Lands and Barronnie 
therof upon the 23 January 1697 yeares. 

The which day Adam Hoggard in Stitchill is judicially 
decerned to make payment to John Scougall servitor to Jon 
Brunton smith ther the soume of ISlibs. Scots money borrowed 
and receaved be the said Defender from the said Complainer 
twa yeires since or therby In respect the said defender being 
lawfullie summoned ofttymes called and not compeirand was 
halden as confest wherfor the Judge decerned in manner for- 
said expenses 20sh. 

The which day the said Sir John Pringle sittand in judg- 
ment anent the Lybell persewed at the instance of George 
Taylzeour gardiner att Berwick and George Patterson Com- 
missary Officer in Kelso with concurrence of the Procurator 
ffiscall against Agnes Lamb spous to Thomas Underwood 
wright in Stitchill and the said Thomas for his interest and 
Marion Hogart and Joan Hill indweller ther Makand mention 
that wher upon the 22nd day of January instant the said 
Complainer with the said George Patterson Officer be virtue of 
ane Decreit obtained before the Commissar of Peibles against 
the said Thomas Underwood of the daitt the . . . day of j"vi" 
and nynty . . . yeares was oiFering to poynd the said Thomas 
Underwood his goods and gears and that for payment making 
to the said Complainer of the soumes of money both Principall 
and expenses therin contained and trew it is that the saids 
defenders and ilk ane of them did most masterfully deforce 
spuillzie and away take from the said George Patterson officer 
ane cow which was in his possessione and had poyndit the 
same and contrair to all Law and in high and in manifest con- 
tempt of all authoritie did most masterfully bereave the said 
cow from the Complainer. As also the said defender Agnes 
Lamb most furiously did gripp and ry ve the said George Patter- 
son his hair out of his head and threatened to ryve the heart 



Recovering a 
Cow. 



Assault. 



1 697] BARON COURT OF STITCHILL 127 

from the said Complainer rather then he had gotten a beast out 
of doors. And therfor cravid that the saids defenders and ilk ane 
of them might be unlaid and amerciat conforme to the Acts of 
Parliament and . . lastly punished in ther bodies and goods to 
the terror of others to com mitt the like. Which being callid 
and the said persewers and defenders both compeirand person- 
allie the judge having taken to consideration the forsaid lyble 
with ane uther Lyble persewed at the instance of the said 
Agnes Lamb against the said George Taylzeor by beatting her 
throwing her to the ground and tramping upon her And having 
examined severall witnesses on both sydes for proving therof 
the cryme contained in the saids Lybles ffinds only proven 
by the saids Depositions that there was a Strangling betwixt 
the said George Taylzeour and Agnes Lamb with which she 
fell to the ground And finds sufficiently proven and instructed 
by the saids Depositions that the said Agnes Lamb did imped 
the officer in doing of his diligence and stop him from dryving 
his poynd. Upon all the Judge efter mature deliberatioun 
assoilzies and absolves the said George Taylzeour from the 
Ryott lybelled against him In respect the said Agnes Lamb 
did violently attempt the deforceing of the Officer and that it 
may be j ustlye and lawfuUie constructed the other did not lay 
maliciouslie violent hands on her but that his strangling with 
her and throwing of her as is proven was only with intent to 
imped her in her said designe of the deforceing the Officer. 
The Judge takeing to consideratioun the latter pairt of the 
lyble finds not proven and therfor assoilzies the defender Lamb 
therfor. 

The Judge upon the haill premises interprets the tumultuous Deforcing, los. 
melting of the rest of the women contanid in the Lyble to ^""^ '^'°- 
have ... a design to deforce the Officer and amerciat each 
of them in lOsh. Scots as lyking ... the said Agnes Lamb 
whose attempt upon that accompt was sufficiently instructed 
from her own confession and deposition of the witnesses in 
lOlibs Scots. 

Ane uther Court of the Lands and Barronny of Stitchill (83) 

-T 1 1 CI" T 1 ^"97* May i. 

holden at the Kirk therof be the Right Honourable Sir Jotin 
Pringle of Stitchill Knight Barronnett Heretable Proprietor 



THE MINUTES OF THE 



[1697 



Debts. 



of the Lands and Barronny therof upon the 1st day of May 
1697 years. 

Curia legittime affirmata. 

The which day Petter Purvess in Stitchill and Margaret 

Marshall his spouse and Jean Purvess his daughter ar judicially 

Rent of cot 30s. decerned to make payment to Thomas Linnen ther the soums 

each]^"splnning ^^ money following, viz, — The soum of SOsh. Scots money as 

i6d. per day. ^^^ ^ent of ane Coat house thrie Kayn Hens or fyve shillings 

as the pryce of each of them with 16d. money forsaid for each 

day of 5 days spynning. 

The which day Adam and Andro Haggarts in Stitchill are 
judicially decerned to make payment to John Younger miller 
at Stitchill Miln the soums of money following ilk ane for ther 
own pairts as is efter divydit To witt the said Adam Haggart 
the soume of 141ib. 6sh. Scots money pairtly of borrowed money 
and pairtly as the pryce of certain meall bought and receaved 
halfe a year since or therby The said Andro Haggart 221ibs. 
lOsh. pairtly as the remainder of the pryce of certain sheip 
and pairtly for oats and oatmeall bought and receaved be the 
said defender from the Complainer within this two years or 
therby ex confessione rei. 

The which day Adam Haggart in Stitchill is judicially 
decerned to make payment to Andro Giff'en ther the soums 
of money following for the causes efter specified viz, — lllib. 
lOsh. Scots money of borrowed money at Yeuill last with 
severall other articles of theLyble extending to 231ib. 7sh. 6d. 
Scots money efter compts betwixt them was adjusted being 
referred to thrie honest men to hear the saids pair ties compts 
and reckon who gave in their reports in manner forsaid. 

The which day Ritchard Gotrae in Stitchill is judicially 
decerned to accept and receave from Thomas Yeaman coupper 
ther ane Meir sold to the defender be the Persewer upon 
Wednesday last and to pay to the Complainer 221ibs. money 
forsaid as the agreyed worth and pryce therof upon receipt of 
the said Meare. 

The which day Robert Hoggart in Stitchill is judicially 
decerned to make payment to George Hammilton ther the 
soum of 121ib. 9sh. Scots money as the agreyed pryce and 
worth of certain oatts bought and receaved be the defender 



Yule, 



Mare jf 22. 



Debt. 



1697] BARON COURT OF STITCHILL 129 

from the Complainer ane year since or therby eiv confessione 
rei. 

The qlk day Andro Marshall in Stitchill is judicially Riot ;^io. 
decerned to make payment to the Procurator ffiscall the 
soume of lOlibs. Scots money as ane fyne and amerciament 
imposed upon him for ane Ryott committed be him upon 
Jon Russell servitor to William Maison in Neuton Lees upon 
Monday wes eight days ex confessione rei. 

The which day Adam Hammiltoun weiver in Stitchill and i peck meal 30s. 
William Taylor there are decerned and ordained to content 
and pay to Adam Richardson ther the soumes of money 
following ilk ane of them for his own pairts as is efter divydit. 
To witt the said Adam Hammiltoun the soum of 30sh. Scots 
money as the pryce and worth of ane peik of oatmeall bought 
and receaved be the said defender from the Complainer halfe 
a yeir since or therby the said William Taylor 40sh. Scots 
money forsaid borrowed and receaved be him from the Com- 
plainer at Trinity Monday last. In respect the saids defenders 
being lawfuUie summoned ofttymes callid and not compeirand 
was halden as confest. 

The which day David Brown sklaitter in Stitchill is judici- Wool ;^8 per 
ally decerned to make payment to John Sinclair in Haryheuch ^ °°^' 
the soume of foure pounds Scots money as the pryce and 
worth of halfe ane stain of wooll bought and receaved be the 
defender from the Complainer with ane cheise, two years since 
or therby In respect the said defender compeired and confest 
the said soum to be justlie resting. 

Ita est Gulielmus Pringle, Notarius Publicus acpraedict. Curiae 
clericus. 

Ane Head Barron Court holden at Stitchill Kirk be the (g^j 
Right Honourable Sir John Pringle of Stitchill Barronnett '697. Nov. 13. 
Heretable Proprietor of the Lands and Barronny thereof upon 
the 13 day of November 1697 years. 

Curia legittime qffirmata. 

The which day John Donaldson in Stitchill is judicially i peck beans 
decerned to make payment to Joan Trotter relict of the |^^; ' P|°^ P?,^ 
deceist John Burn in Ednim the soums of money efter sped- ''"'^^?^ ^■ 
fied for the causes following To witt threttein shilling Scots 4°. ^' ^ *° ^ 



130 THE MINUTES OF THE [1697 

money as the pryce of half a peck of beans item twenty foure 
shillings money forsaid as the pryce of ane peck of peis item 
twentysix shillings money forsaid as the pryce of thrie capfuls 
and a half of lint-seid, item four shilling money forsaid as the 
pryce of half ane hunder bou kaill plants all sawen be the 
Complainer upon the defenders yaird which with ane hous 
was sett be the said defender to the persewer from Whitsun- 
day 1697 to Whitsunday 1698 which the said Complainer was 
frustratt of and did not attain to the possession of the same. 
In respect the said defender compeired personallie and confest 
the said yaird to be sawen with the Complainers seid and also 
the pryce therof forsaids Wherfor the Judge decerned and 
ordained in manner forsaid. 
pef lif°^"ei°s' The which day Robert Waitt in Stitchill is judicially decerned 
harden 55. per to make payment to Archibald ffairbairn miller at Ednim and 
Margaret ffairbairn his daughter the soum of ten shillings 
Scots money as the agryed pryce of thre ilk ells of Linning 
and fyve shillings money forsaid for each ell of thrie ells of 
harden of bountith cloath for thre halfe years service wrought 
be the said Margaret to the defender four years since or therby 
In respect the said defender being lawfully summoned ofttymes 
callid and not compeirand was halden as confest. 
Carrier to Edin. "phe which day the said Sir John Pringle Barronnet sittand 

via Dalkeith. ... ,, iiii 

in judgment hes decerned and ordayned and decerns and 
ordayns Adam Hoggart caryer in Stitchill to content and pay 
to James Hoggard in Maynrigg the soum of 24 shillings Scots 
money pairtly for the remainder of ane cariadge from Stitchill 
to Dalkeith in Summer last and pairtly for a thrave of oatt 
strae bought and receaved be the defender from the Complainer 
in Winter last In respect the said defender being lawfully 
summoned ofttymes callid and not compeiring was halden as 
confest. 

The which day Issobell Hoggart servitor to James Lamb in 
Runningburne is judicially decerned to make payment to John 
One Quarter Underwood in Stitchill 18sh. Scots money as the pryce of six 
quarters of Linning bought and receaved be the said defender 
from the Complainer three yeares since or therby. In respect 
of absence the defender being lawfully cited to have compeired 
this day and plais, was holden as confest. 



linen 3s. 



1698] BAEON COURT OF STITCHILL 131 

The which day the said Judge statutes inacts atld ordaynes Furnishing cot- 
Alexander Lowtie, John Donaldson,RobertHaniniiltone, James dirots!^' 
Service, and George Wilson to meitt togethei' at any tyme and 
form some overtures amongst themselves for furnishing the 
coatt-houses most conveniently with divotts and ordaynes them 
to present the saids overtures again the nixt Court day Allow- 
ing any residenters within the Barronnie of Stitchill to Waitt 
upon the meetings of the saids persons and give in what pro- 
posals theranent as they shall think fitt. 

As also the said day it is statute ordayned and declared Tilling, 
that the pryce of teilling halfe a quarter of land in the Mftynes 
to be 81ib. Scots money conform to use and wont as lykewyse 
the teilling of halfe a fourth aiker to be 51ib. money forsaid 
Declairing that payment for the said work be not maid 
betwixt Mertimes and Candlemes The persons hyring their 
ploughs may have liberty to stop or take any just method 
competent for ther satisfactione and this but prejudice for the 
pairties to aggree on what days they please betwixt the saids 
terms. 

Lykewyse it is statute and ordayned and declaired that Lifting Corn. 
whatever portioner in the Mayns shall be convicted of having 
lifted corne off ther neighbours rigg either by mistake or other 
ways shall be lyable for whatsoever corns ar missing through 
the whoU Maynes The persons persewing giving sufficient 
evidence either by oath or otherways of the corns that ar 
awanting and this Act to stand in force in all tyme comeing. 

The Courts of the Lands and Barronny of Stitchill balden (85) 
at the Kirk therof be the Right Honourable Sir John Pringle ^ ' .January22. 
of Stitchill Barronnett heretable proprietor of the Lands and 
Barronny therof upon the 22 day of January 1698 years. 

Ctiria legittime affirmata. 

The qlk day George Hammilton in the Hill is judicially i Boll Oats 
decerned to make payment to Andrew Walker in Eaimflatt *'°' ^' 
the soume of 221ib. 7sh. Scots money as the remainder of the 
pryce of 3 bolls and ane full of oatts at lOlib. 9sh. Scots money 
per boll bought and receaved be the defender from the Com- 
plainer at Candlemes last bypast. In respect the said defender 
compeired personallie and confest the forsaid soum to be justly 



132 



THE MINUTES OF THE 



[1698 



Debt. 



Cow. 



Awrary. 



De.'orcement 



resting owing Reserving actione to the persewar against Andro 
GifFan weiver in Stitchill alledged cautioner for the defender. 
The Principall not paying or not being solvends And lykewyse 
allowing the Cautioner to retain in his own handes his security 
against the Principall till the persewar be satisfied for the 
Decreit lybelled with 24sh. money forsaid of expenses of pley 
extracted. 

The which day William Thomsone weiver in Stitchill is 
judicially decerned to make payment to Margarat Scott relict 
of the Deceist William Lowrie in Stitchill the soume of Slib. 
4sh. Scots money restand of lllib. 8sh. money forsaid borrowed 
and receaved be the defender from the Complainers deceist 
husband in Summar bygone a year wherto the said Com- 
plainer hes good and undoubted right In respect the said 
defender being lawfullie summoned ofttymes callid and not 
compeired was holden as confest with 12sh. money forsaid of 
expenses of pley extracted. 

The which day Robert Hoggart in Stitchill is judicially 
decerned to make payment to Alexander Heislope wright in 
Stitchill and Adam Chairteris there equally betwixt them the 
sowms of money following for the causes efter specified viz, — 
The soum of 10 pounds six shillings Scots money as the re- 
mainder of the pryce of a cow bought and receaved be the 
defender from the Complainer at Mertimes last bypast. Item, 
Twenty eight shillings money forsaid as the remainder of the 
pryce of ane almery bought and receaved be the defender from 
the Complainer Alexander Hyslope four years since or therby 
In respect the sp,id defender compeired personallie and confest 
the forsaid sowms to be justly resting owing with sixteen 
shillings money forsaid of expenses. 

The which day Adam Hoggard in Stitchill meilmaker is 
judicially decerned to make payment to the Procurator ffiscall 
the soume of fyve pounds Scots money as ane fyne imposed 
upon him for deforceing the Ofiicer in execution of his office 
when he was poynding the defender at the instance of James 
Hoggart in Maynrigg be vertue of a Decreitt obtaind at 
his instance against said Adam Hoggard and violently be- 
reaved from the said Officer ane pott which he had poyndit. 
Ex confessione. 



1698] BARON COURT OF STITCHILL 133 

Ane Court of the Lands and Barronny of Stitchill halden (86) 
at Stitchill Kirk be the right honourable Sir John Pringle of '^ ' *^ * ' 
Stitchill Barronnett Heretable Proprietor of the Lands and 
Barronnie therof upon the 28th of May 1698 yeires. 

The which day Ritchard Gottrae wright in Stitchill, Beatrix 
Trotter in Queenscairne relict of the deceast Robert Hopper 
in Stitchill ar judicially decerned to make payment to John 
Younger at Stitchill milne the sowms of money following ilk 
ane of them for ther own pairts as is efter divydit To witt 
the said Ritchard Gottrae the soum of 24sh. Scots money as the 
pryce of ane seek borrowed and receaved be the said defender i Sack 24s. 
from the said Complainer ane certain tym bygaine and never 
redelyvered Item the said Beatrix Trotter and John Hopper 
her sone conjunctly and equally the soume of 5lib. 5sh. money 
forsaid as the pryce of halfe a boll of peis bought and receaved 
be the said defunct from the Complainer in March bygon a i Boll peas 
year In respect the said Richard Gottrae confest. And the said *''°' '°' 
Trotter and Hopper being lawfullie summoned ofttymes called 
and not compeiring was holden as confest. And the said 
Robert Hoggart 121ibs. money forsaid for certain oatt meall 
bought and receaved be him from the Complainer at Mertimes 
last ex confessione rei. 

The which day the said Ritchard Gottrae and Robert Oats ^£'7.4. per 
GifFane in Stitchill are judiciallie decerned to make payment 
to William Johnstoun tennant in Overmayns the soum of 931ib. 
12sh. Scots money equally betwixt them as the aggryd pryce 
of certain bolls of oatts bought and receaved be him from the 
Complainer in winter last at 71ib. 4sh. per Boll In respect they 
both compeired and confest the same but denyed ane con- 
junct bargain which was be the defender deferred to the per- 
sewars oath who refused to depone wherfor they wer assoilzied 
from the said conjunct bargaine. 

The which day James Lamb younger in Stitchill is judicially 
decerned ex consensu to make payment to Robert Lidgaitt 
ther the soume of ISlib. Scots money as ane harvest fie Harvest Fee 
wrought be the Complainer and his spous to the defender in ^'^" 
harvest last Item 51ib. money forsaid for halfe a yeires fie Half year's fefe 
wrought be the Complainers sone Robert Lidgaitt to the said ^ ^^' 
defender 2 years since or therby. 



im THE MINUTES OF THE [1698 

The which day John Younger milner is decerned to pay to 
John Gillespy in Maynrigg the soum of 24sh. Spots money as 
the pryce of ane seek intromitted with be the said defender 
perteining to the Complainer which seek was lying at the Myln 
allowing the said defender his relief from Ritchard Gottrae 
who receaved the said seek from him ex confessione ret. 
o^*"- The which day John Adam, Eitchard Taylor, in Queens- 

cairne is judicially decerned to make payment to John Adam 
James and Hellen Hendersons lawfull children to the deceist 
Adam Henderson in Nether Stitchill the soume of 341ibs. 12sh. 
Scots money in full satisfaction to the Complainers and 
Alexander Alexander spous to the said Hellen for his interest 
of the Principall soum of 4<41ibs. money forsaid and of the 
annual rents therof preceiding from Whitsunday last bypast 
1698 and pf the termly penalties therin contained in ane 
Bond granted be the said defender Richard to the said de- 
funct of the daitt the 1st day of December 1693 yeares. Ex 
confessione. 

The which day Robert Hoggart in Stitchill and John 

Robjson ther ar decerned to make payment to Thomas Sklait- 

ter at Newton mylne the soums of money following viz. the 

said Robert Hoggart the soume of 20sh. Scots money as the 

remainder of the pryce of a cow bought and receaved be 

the defender from the Complainer 4 years since ex confessiom 

rei. 

Oatmeal 25s. The said John Robison is decerned for 25sh. money forsaid 

per pec . ^^ ^j^^ pryce of a peck of oatmeall bought and receaved be the 

defender from the Complainer in Harvest last Being lawfully 

summoned ofttymes callid and not compeiring was holden as 

confest. 

Four Bolls The which day the said Sir John Pringle sittand in judg- 

Oats £39. 4. ment hes decerned and ordayned Robert Hoggard in Stitchill 

and Agnes Hoggart his spous to make payment to Jannett 

Inglis in Lochtoune^ the soume of 291ibs. 4d. Scots money 



1 Tl^is was the estate of the brother of the baron, Sir Walter of Lochtoun. 
He was admitted an advocate loth December 1687 ; constituted a Lord of 
Session, as Lord Newhall, 6th June 1718 ; at the same time appointed a Lord of 
Justiciary and knighted. He died 14th December 1736. Hamilton of Bangour 
composed an epitaph on Lord Newhall. 



1698] BARON COURT OP STlTCHlLL 1S5 

only resting of 391ib. 4!sh. money forsaid as the aggryed pryce 
of 4) bolls of oatts bought and receaved be the defender from 
the complainer ane year since ex confessione rei. 

The which day John Smith in Stitchill for ane Ryott com- Riot and Con- 
mitted be him upon Ritchard Gottrae in the face of the JJJJ,^ 
Bourlae Court is unlaid and amerciat in lOlibs. Scots money 
the cryme being aggravated by the aforesaid circumstance by 
beatting the said Richard upon his face in the said oppen 
Bourlae Court ex confessione rei. 

The which day George Ridpeith servitor to John Bruntoun 
smith in Stitchill anent the claime persewed at his instance 
against Patrick Millar in Sweithope the said Patrick is 
decerned ex confessione to make payment to the said George 
Redpeith 48sh. Scots money as the pryce of a full of beare of i Ml of Bear 
bountith for a harvest fie wrought in harvest last. 

The which day James Mather in Stitchill is decerned to pay 
to Robert GiiFane ther the soume of 4!3sh. Scots money as the 
remaynder of a grass maill in Summer last ex confessione and Grass-maiU. 
assoilzies fra the rest of the soume lybelled. 

The said day Richard Gottrae is decerned to pay to James Yule. 
Donaldson in Ednim lllib. 9sh. 6d. Scots money as the re- 
maynder of the pryce of certain oatts bought and receaved 
at Yeuill last ex confessione rei. 

The which day in the Actioun and Cause persewed be Mr. Schoolmaster. 
William Wilson schoolmaster of Stitchill against Robert 
Giffan ther, anent a peice of ground in a pairt of the Mayns 
formerly possesst be James Lamb debaittable betwixt the said 
Mr. William and the said Robert Giffane the Judge refers to 
the Burlaemen to consider more fully and determine therin 
and to make report nixt Court day. 

The which day Sir John Pringle of Stitchill Barronnett Act anent 
sittand in judgment dischairges all residenters within the ^^^afs. 
Barronny of Stitchill here efter to resett harbour intertain or ^10 penalty, 
give almes any manner of way to any poor people whatsoever 
that goe from place to place for charity except these allenerly 
that shall be listed as poor within the Barronny of Stitchill 
by the Heretor and Elders at their meitting conforme to the 
many Acts of Parliament and Counsell for that effect under 
the payn of ten pounds Scots money for every tyme that it 



136 THE MINUTES OF THE [1698 

shall be discovered the saids Residenters have entertained 
or given almes to any poor but such as ar properly to be 
alimented by the paroich and ordayns all within the Barronnie 
of Stitchill to give ther assistance to ane another for expel- 
ling such poor people and bringing them to condigne punish- 
ment when they shall be apprehendit giving occasion of 
creating any trouble or disorder within the paroch upon ther 
refusing of almes. Declairing that such as refuse ther assist- 
ance to ther neighbours in this manner shall be lyable in the 
certificatioun forsaid and lykewyse declairing that in both 
caices the Informer against the contraveiner of this Act shall 
have the one halfe of the said penalty and ordayns this pntt. 
Act to be put to dew and lawful! executioun with all rigor.^ 
I year's grass As also the Said day the said Judge statutes and ordayns all 
TOai from°Eng- Coatters and other residenters within this Barronnie of 
'''"'^- Stitchill to pay for every horse they gras upon the Hall-hill a 

load of coalls from England when they shall be required to 
bring in the same with certification And lykewyse ordayns 
such persons as gras upon the said hill in Summar 1697 to 
bring in a load of coalls for that year's gras and in all tyme 
comeing so long as they take the benefit of the said gras when- 
ever they shall be required to perform the same under the 
certification forsaid and heirby expressly dischairges the other 
residenters to put any beasts upon the said hill at any tym of 
the year whatsoever But declairs it shall be reserved allenerly 
for the use of such of the coatters that have a mynd to grass 
Great tenants ther horse theron In which the great Tennents ar no ways 
excepted. comprehendit who ar to have no benefits of the same any 

manner of way and this Act to stand in force in all tym 
comeing. 

(87) Ane Head Barron Court halden at Stitchill Kirk be the 

' ^ ■ "' ' Right Honourable Sir John Pringle of Stitchill Barronnett 
Heretable Proprietor of the Lands and Barronny therof upon 
the fifth day of November 1698. 

The which day compeired the whoU Tennents and coatters 



^ This act anent the poor would not include such privileged beggars as 
Edie Ochiltree the Bluegown, who travelled this district. 



1698] BARON COURT OP STITCHILL 137 

within the said Barronny and took Instruments upon ther 
compeirance. 

Tlie qlk day Thomas Underwood wright in Stitchill is 6 fuUs malt 
judicially decerned to make payment to Patrick Miller in i Bou^g. 16. 
Dunse the soum of 141ib. 14sh. Scots money as the pryce of 6 
fulls of malt bought and receaved be the Defender from the 
Complainer at Pasche last at 91ib. 16sh. the boll In respect the Pasche. 
said defender compeired personallie and confest the same 
wherfor the Judge decerned in manner forsaid. 

The which day Ritchard Taylor in Queenscairn is judicially Debt. 
decerned to make payment to Jannett Lamb in Stitchill the 
soum of Ten pounds Scots money borrowed and receaved be 
the said defender from Robert Hammiltoun the Complainers 
husband fourteen years since or therby In respect the said 
defender being lawfullie summond ofttymes called and not 
compeiring was halden as confest with 16sh. of expenses of 
pley. 

The which day John Robeson in Stitchill is judicially 
decerned to make payment to George Wilson Maltman ther 
the soum of lllib. 5sh. Scots money as the remainder of the 
pryce of certain malt bought and receaved from the Com- 
plainer a year since or therby. In respect the said defender 
compeired personally and confest the same with 16sh. money 
forsaid for expenses of pley. 

The which day James Mather in Stitchill is judicially 6 fulls Oats 
decerned to content and pay to George Dickson in Kenlaes ^"' ^' ^' 
lllib. 3sh. 2d. Scots money as the aggryed pryce of 6 fulls of 
oats bought and receaved be the defender from the Complainer 
a year bygone at oatt-seid-tym last In respect of the De- 
fenders confession with 16sh. of expenses. 

The which day the said Sir John Pringle sittand in judg- 
ment hes decerned and ordayned Thomas Galbreath in Stit- 
chill and Margaret Thomsone his spouse to content and pay 
to Thomas Henderson tailzeour in Stitchill tutor nominal to 
the deceist Adam Henderson and Hellen Thomsone ther 
children the soum of 141ibs. Scots money as the agreed pryce Cow £n. 
and worth of a cow bought and receaved be the said Margaret 
Thomsone for herselfe and in name of her husband from the 
said complainer Alexander Alexander in Stitchill in name of 



138 THE MINUTES OF THE [1698 

the said pupills at Candlemes bygone a year in respect of the 
defenders confessione Reserving action for the interest of the 
money and allowing the complainer to cite the said Thomas 
Galbreaths wyfe the nixt Court day. 

The which day John Hopper servant to Margrat Scott in 
Stitchill and William Thomsone weiver ther is judicially 
decerned to make payment to Thomas Henderson in ffairnie- 
rigg the soums of money following ilk ane of them for ther 
own pairts as is efter divydit viz., The said John Hopper the 
7 bolls oats scum of ^Tlibs. 12sh. Scots money as the agryed pryce and 
•^'*^' '^' worth of 7 bolls of oatts bought and receaved be the said 

Yule. defender from the complainer at YeuU last. Item, SOsh. 

money forsaid as the remainder of the pryce of a boll of oatts 
bought and receaved be the said defender his deceast father ane 
year since Item 50sh. money forsaid as the remainder of 6 bolls 
of oatts bought and receaved be him fra the complainer a year 
since. The said William Thomsone 51ib. 17sh. money forsaid 
as the remainder of twa bolls of oatts bought and receaved be 
him fra the complainer at Harvest bygain a year In respect the 
said defenders being lawfully summoned ofttymes called and 
not compeired was holden as confest Allowing to the defender 
Thomsone action against Robert Hoggart for any pairt of the 
said oatts that the said Robert Hoggart got conform to the 
defense given in be said defenders wyfe. 

The which day David Brown in Stitchill is judicially 

decerned to make payment to George Aitchison merchant in 

Stitchill 59sh. 6d. Scots money for certain merchandise goods 

bought and receaved be the defender from the complainer two 

years since. 

Ale. As also is decerned to make payment to Margrat Wood 

relict of the deceast William Mitchell in Neutoun 45sh. money 

forsaid for aill furnished be the complainer thrie years since In 

absence he being lawfully citted. 

Act in favour of Act dischairging all Residenters within the Barronny of 

thewauiker. stitchill to furnish any other Waulker in the country with 

master. And to reserve it for the Waulker in Stitchill 

allenarly Upon condition always that the said waulker in 

Stitchill shall give such qualificatiouns that ar usually given 

by the waulkers. 



1698] BARON COURT OF STITCHILL 1S9 

Item, the saids residenters within the Barronny of Stitchill Thirled. £$ 
are dischairged to cary ther work to anyother Mylne but to 
Stitchill Wakemiln to which they are heirby expressly thirled 
during the tym of ther residence in Stitchill under the payne 
of 5 pounds Scots for each failzie. Declairing always that if 
any of the said persons have ground of complaint for insufficient 
work either Litting or waking or for ther wakers detayning 
ther cloath longer than the dew reasonable tym the waker shall 
be obleidged to repair the complainer in all damnage that they 
have therby suffered And lykewyse shall be fynned in the soum 
of 51ib. Scots for each failzie the one halfe to be given to the 
complainer besyd his reparatioun of damnage forsaid. 

Lykewyse declairing that if it can be sufficiently instructed 
by any of the saids persons that the waker refused ther work 
at reasonable pryce which is heirby declared to be the ordinar 
pryce of other workmen in the country they shall have liberty 
to imply uther and cary the work to uther mylnes. 

The walker is ordayned to go through the Paroich and cary 
away the cloath and bring it back again. 

The qlk day the following Acts and Statutes made by the Acts for reguiat- 
Burlaemen of Stitchill for the better regulating the affairs oV^^^"^^^^^^' 
the Barronnie ar heirby ratifyed and approven be the said 
Judge and Barron and ordayned to take effect and be put in 
execution in all tyme comeing. 

1st. That no Residenter within the Paroich of Stitchill als Trespass in 
Weill thos that possess land or such as ar only cottars or sub- * ayns^i. 
cottars be sein within the Maynes ground or fourth aiker in 
harvest tyme or leeding tyme before the Maynes herd goes out 
in the morning with the catell to ther pasture Nor efter the 
said herd returns at night from the pasture with the cattle 
under certificatione the contraveiners of this Act shall be 
fynned in one pound Scots and that rigorously exacted. 

2nd. That whosoever lifts any of his neighbours cornes Lifting corn. 
within the ground of the Maynes or fourt aiker through mis- 
take or other ways shall be lyable for the whoU loss in the 
saids grounds to the Complainers they instructing ther loss by 
oath or any other sufficient document by and attour the certi- 
fication of the person that shall lift the com through mistake 
shall restore thriefold or if they shall lift it by theft and can 



140 



THE MINUTES OP THE 



[1698 



Stocks. 



Dyke-breaking 

I2S. 



be proven they shall restor thriefold and lye in the Stocks 24 
hours. 

3rd. That the Dyck that is at the eist end of Thomas 
Hoggarts yaird be built up by Thomas Hoggart at his own 
expense (by reason his ground lies nierest the said dyck) and 
if any shall be found to break down the dyke herafter he is 
to pay 12sh. Scots. The one halfe is to be payed to the Com- 
plainer or any that shall suffer prejudice therby and the other 
halfe to be disposed upon at the Burlaemens pleasure attested 
by ther subscriptions sic subscribitur John Younger, John 
Brunton, John Donaldsone. 

Ita esse attestor ego Gulielmus Pringle Notarius Publicus 
praedict. curiae clericus testam. his meis signo et subscriptione 
manualibus. 



(88) 
1699, May 13. 



I full Mean 
;^3. 8. 



I peck 36s. 



Debts. 



Carrier. 



The Court of the Lands and Barronnie of Stitchill holden 
at the Kirke therof be the Right Honourable Sir John Pringle 
Barronnett upon the thretten day of May 1699 years. 

Curia legittime affirmata. 

The which day the said Sir John Pringle sittand in judg- 
ment hes decerned and ordayned and decerns and ordayns 
John Robison maltman in Stitchill to content and pay to 
John Younger miller at Stitchell mylne the soume of money 
following for the causes efter specifyed To witt 31ib. 8sh. 
Scots money as the aggryed pryce of ane full of meall bought 
and receaved be the defender from the complainer in July last. 
Item 32sh. money forsaid resting of the pryce of 5 capfuUs of 
oatmeall at 36sh. the peck bought and receaved ane year since 
ex cojifessione rei with 14sh. of expenses. 

The which day Ritchard Taylor in Queenscairn is judicially 
decerned to make payment to Alexander Hyslop wright in 
Stitchill the soumes of money following for the causes efter 
specified viz., the sourae of 41ib. lOsh. Scots money wherof 
31ib. as the remainder of ane harvest fie wrought be the said 
defender to the complainer 7 years since Item 30sh. therof as 
the remainder of the pryce of halfe a boll of oatts bought and 
receaved at the tyme forsaid by the defender from the Com- 
plainer ex cowfessione rei. 

The which day Robert GifFane caryer in Stitchill is judici- 



i699] BARON COURT OF STITCHILL 141 

ally decerned to make payment to Mungo Archibald in Stit- 
chill and Jean Wilson his spouse the soum of 151ib. 16sh. lOd. 
Scots money restand of the pryce of certain oatmeall bought 
and receaved be the said defender from the complainer at 
Candlemes last at SOsh. the peck In respect the said defender 
compeired personally and confest the same and alyk decernes 
for 20sh. of expenses of pley. 

The which day Robert Giffan caryer in Stitchell is judicially Harvest fee for 
decerned to make payment to George Hammiltoun in the Hill '"'° ^'^' 
of the soume of 91ib. Scots, money as ane harvest fie wrought 
be the said complainer and his spous to Patrick Millar in 
Sueitup in harvest last and which soume the said complainer 
accepted of the said defender as debiter who promised payment 
and entered in payment therof. Ex confessione rei. 

The which day William Cuthbertson weiver in Stitchill is claim, 
j udicially decerned to make payment to Agnes Lee spouse to 
Alexander Marshell in Home the Tlib. 5sh. Scots money as 
the ballance of a compt betwixt them In respect of the 
Persewar and the defender compeired personallie and the said 
defender denyed the claime which the Persewar referred to his 
oath at leist the said defender proposed ane exception of com- 
pensation which exception the said defender for proving 
therof referred the same to the persewars oath who deferred 
the samyn to the defenders oath who being solemnly sworne 
upon his oath acknowledged the soums lybelled but alledged 
the samyn ought to be compensed with his werk having 
wrought to the Persewar Therfor twa elle of cloath at ane sh. 
Scots the ell and that ther is a capfuU of Beare meall or 6sh. 
for the pryce of bountith yet restand which alledgeances and 
depositions of the defender being considered by the said Judge 
And he being weill and regularly advysed therupon Decerned 
and ordayned in manner forsaid The said defender being 
therby payed of threscore twa ells of cloath weiving with 14sh. 
of expenses of pley. 

The which day Ritchard Gottrae in Stitchill is unlawed and Blood ^^50. 
amerciat in 501ib. Scots money for ane Blood committed be 
him upon John Wilson in Stitchill in Aprylle last ordayning 
the defender to pay to the said John Wilson pairtly offered 
SOsh. Scots money therof and decerns the said defender 



142 THE MINUTES OF THE [1699 

Gottrae to pay to the Procurator ffiscall of the said Court the 
remaynder therof and assoilzied Wilson from the Lyble at the 
ffiscalls instance against him In respect of his oath. 

^ (89) Ane Head Court holden at Stitchill Kirk be the Right 

logo, Nov It, 

Honourable Sir John Pringle of Stitchill Knight Barronnett 
Heretable Proprietor of the Landsi and Barronny therof upon 
the 11th day of November 1699 years. 

Curia legitthne qffirmata. 

The which day the haill Tennents and cottars compeired 
all personally and took Instruments upon ther compeirance. 
Hume. • The which day James Haggart in Maynrigg is judicially 
decerned to content and pay to Bessie Swanstone in Home 
the soume of 40sh. Scots money which was adebted be Agnes 
Sounnis servant to the said Defender and wherof the Defender 
promised payment to the Complainer as having right therto 
and entered in payment therof In respect the said Defender 
compeired personally and confest the same. 
Debt. The qlk day Thomas Underwood wright in Stitchill is 

judicially decerned to make payment to John Hutson merchant 
in Kelso the soume of Slib. 6sh. 8d. Scots money contained in 
a Ticket granted be the said Defender to the Complainer 
daited the 19 day of July 1698 years In respect ane day being 
given to the Defender to give in his defences In respect he 
was not personally citted with certification if he failzied to 
prove in dew form against him and Extract Decreit which day 
being elapsed and the Defender not giving in his Defences was 
holden as confest and the Terme circumduced against him. 

The which day William Thomson weiver in Stitchill is 
judicially decerned to make payment to William Alexander the 
soume of 33sh. 4d. Scots money as the ballance of ane Compt 
dew be the Defender to the Complainer Ex confessione rei. 

(90) Act ratifying the Act anent the Poor in the haill heads 

1699, Dec. .. ^jjg^^f ^^jjgj ^jjg gg jjg^y jggg December 2 1699. 

Act anent the The which day the said Sir John Pringle of Stitchill Bar- 

'^°°'^' ronnett sittand in judgment hes inacted and farther inacts 

statutes and ordayns that no Hesidenter within the Barronnie 

of Stitchill receave into the Coatthouses such persons either 



1700] BARON COURT OF STITCHILL 143 

single or by families who are incapable of subsisting by them- 
selves or have subsisted by charity in other paroiches either in 
wholl or in pairt Declairing that from the daitt of this present 
Act any of the Residenters above mentioned who sett their 
houses to such persons shall have the wholl burden upon them 
mentayning the saids persons and that they shall be obleidged 
to releave all ther neghbours within the said Barronny of all 
burden and charge upon that accompt. Declairing neverthe- 
less that this Act sail not be extendit to such persons to 
whom houses have been sett when they were in a condition of 
snbsysting by themselves and have accordingly subsysted 
without being a charge to others for sume considerable tyme 
from the tyme of ther Entry but efterwards have fallen poor 
through age or infirmity or unforeseen accidents who therfor 
upon that accompt may justlie expect the compassion and 
charity of ther neghbours as residenters within the Barronny 
lykewyse commanding and requiring the said Residenters to 
remove all persons from ther Coatt houses betwixt and the 
10th day of this month who have been receaved since Lambes 
last and who have no visible imployment and are knowen to 
be g.ecustomed in vaiging and begging up and down the 
country And lykewyse requiring and commanding the said 
residenters to remove from ther houses betwixt the daitt 
of this Act and Whitsunday nixt all such persons who are not 
in a condition to subsist without the help of the neghbours 
who have not been thrie years residenters within the said 
Barronny for the Term of Whitsunday last backward conform 
to the Act of Parliament and Counsell made theranent Com- 
manding and requiring all residing within the said Barronny 
to give exact obedience to the said Act and haill heads therof 
under the payn and certificatione contained in the same Act 
so often as they shall be found to contraveine the same. 

Ita est QuUehnus Pringle Notarius Publicus ac praedict. 
Curiae Clericus testam. Ms meis signo et subscriptione manualUms. 

The Court of the Lands and Barronny of Stitchill halden (91). 
at the Kirk therof be the Right Honourable Sir John Pringle '^°°' ''" 
of Stitchill Barronnett upon the 20 day of Aprylle 1700 years. 

Curia legittime affrmata. 



144 



THE MINUTES OF THE 



[1700 



Claim for loss. The qlk day Adam Chairteris and Alexander Hyslope 

indwellers in Stitchill are judicially decerned to make payment 

to Andre Hoggart caryer ther the soume of 71ib. 3sh. and 8d. 

Scots money wherein the said Persewer was damnified by the 

defenders their being deficient in not making up ane certain 

quantity of beare sold be the said Persewer to Andro Peirie in 

Prestounpans at Mertimes last by the said Defenders order and 

commission and not carying it in dew tyme In respect the 

said defenders compeired and denyed the condition lybelled 

which was referred be the said Persewer to ther oath of verity 

simpliciter who deferred the samyn to the persewers oath And 

the said Persewer compeiring personallie being solemnly swome 

upon his oath deponnid affirmative that the said defenders did 

condition to him to make up ther proportion of the Beare 

lybelled and to cary the same in dew tyme And lykewj'se 

deponnid that there being deficient and not carying it in dew 

tyme the deponent was loser in 81ib. Scots which was detayned 

be the said Andro Peiry to whom he sold the said Beare with 

ane certain quantity of the said Persewers own beare off the 

forend of the pryce therof And lykewyse deponnid that he 

was adebted to the said merchant 7 pints of aill at 2sh. 4d. 

the pynt and therfor by his said oath restricted his claime 

to 71ibs. Ssh. 8d. money forsaid In respect wherof the Judge 

decerned in manner forsaid. 

The which day John Wilson in Stitchill is judicially 
decerned to make payment to Henry Hammilton in Queenscairn 
and Jennett Mill his spouse of the soume of 41ib. 15sh. Scots 
money as ane harvest fie wrought be the said Jennett Mill to 
the said Defender in Harvest last In respect the said defender 
compeired personally and confest the same. 

The which day Robert Giffan in Stitchill is judicially 
decerned to make payment to John Sinclair in Haryheuch the 
soum of 31ib. 14sh. Scots money as the aggryed pryce of halfe a 
stack of peitts bought and receaved be the said defender from 
the complainer at the latter end of October last In respect the 
said defender being lawfullie summoned ofttymes called and 
not compeiring was holden as confest. 

The which day James Haggart in Maynrigg is judicially 
decerned to make payment to Adam Richisone in Stitchill the 



Harvest fee 
£4- 15- 



J stack peats' 
£3- 14- 



Claim. 



I700] BARON COURT OF STITCHILL 145 

soum of lOlibs. Scots money for certain service done by the 
Complainer to the said defender 3 years since or therby Ex 
confessione rei. 

Item Alexander Alexander in Stitchill the soum of 41ib. 2sh. Nag. 
money forsaid as the remainder of the pryce of a naig bought 
be the defender from the Complainer at St Bosuall Fair last. 
Ex confessione rei. 

Item Robert Taylor in Queenscairn the soume of 9sh. money raiding. 
forsaid as the remaynder of certain falding 8 years since In 
absence, etc. 

The which day John Watson in Queenscairne is judicially 
decerned to make payment to Alexander Lowry ther the soum 
of 34 pounds lOsh. Scots money for twa house maills and a Rents. 
halfe for the space of 3 years at lllib. 2sh. yearly. The 
persewer always delyvering to the defender 3 thrave of straw 
which the persewer condescendit to give him. In respect the 
samyn was verified be the defenders oath being referred therto 
be the said persewer. 

As lykewyse assoilzies the Persewer from all alledgeance 
proponnid by the Defender that the Persewer ought to reim- 
burse him of the halfe of the charges bestowed upon the barne 
which alledgeance being referred be the said Defender to the 
Persewers oath for probation and the said persewer being 
solemnly sworn upon his great oath deponnid that the defender 
took these houses of him with this expres condition that the 
defender should be at the whoU coast and charges belonging 
to these houses during his possession therof and that the 
houses was sett by the defendant and taken by the Defender 
in the expres conditions and terms befor mentioned In 
respect wherof assoilzies the Persewer from the alledged 
compensation and decerned against the defender in manner 
forsaid. 

The which day Michael Bingall and William Taylor In- Rjot ^5. 
dwellers in Stitchill are unlaid and amerciat as follows viz. 
the said Michael Bingall in 51ib. Scots money for ane Ryot 
committed be him upon the said William Taylor and thrust- 
ing him to the door and calling him Knaive and raskeil In 
respect the said Michael acknowledged his calling Taylor 
Knave and Raskeil and thrusting him to the door but denyed 



146 THE MINUTES OF THE [1700 

the beatting of him which was referred by the Procurator 
ffiscall to his oath who refused to depon wherfor he was unlaid 
SOS. fine. as said is. The said William Taylor in 50sh. Scots in respect 

of his acknowledgment that he did tair Bingalls hair and 
returning him abusive language. 

1700, April 20. Anent a Regulation for the Sowmes in the Maynes : — 

That whereas it is allowed to the Possessors in the said 
Maynes to put thereon a certain Stent of the sheip to the end 
that the said stent may be nowayes prejudiciall to the said 
ground and possessors therof And especially to the cow pasture 
in the ground the following Regulations are hereby statuted 
and ordayned to taiie effect from the Term of Whitsunday 
1700 viz. — That no Tennent in the Mains put more sheip 
upon his possession than what amounts to the halfe of his 
Sowmes conform to the Stent and number of sheip for each 
Soum that is aggryed to by the severall possessors therof Item 
that wher any possessed but one Soum in the Mayns that Soum 
shall absolutely be a Kow or Oxe and not a sheip and that the 
possessor in that caice shall not bring sheip of his own nor 
sheip pertayning to others Item that during the whoU Summer 
ther shall be keiped different pastures for the sheip and Kowes 
and Oxen If it be so resolved on by the plurality of the 
possessors but in this they ar left to ther own convenience. 
And for the better effecting of this, the herd is heirby dis- 
chairged to feed his own Kowes apairt from the rest of the 
cattle under the severest payns and all concerned ar ordayned 
to observe this present Regulation in all its poynts Certifying 
such as have more sheip upon the ground than falls to their 
share in the forsaid terms the Overstent shall be forfeited the 
one halfe to the informers and the other halfe to the use of 
the poor within the paroch. 

(92) Ane Court of the Lands and Barronnie of Stitchill holden at 

the Kirk therof by the Right Honourable Sir John Pringle of 

Stitchill Knight Barronnett Heretable Proprietor of the Lands 

and Barronnie therof upon the 6th day of June 1702 years. 

C'^na legiUvme affirrruita. 

The whicli day the said Sir Jolin Pringle sittand in judg- 



1702] BARQN COURT OF STITCHILL 14T 

ment anent the Lybell persewed at the instance of the Pro- 
carator ffiscall to the said Court against the whoU Tenents 
and cottars within the Barronnie of Stitchill mentiomng that 
wher by the 13th Act of the 18th Parliament of our Sovereign 
Lord King James the Sixth of blessed memorie holden at 
Perth the 9th day of July jajvi" and sex years Entituled Act 
anent Laying of Lint in Burns and Lochs wherby our Sovereign Lint. 
Lord and Estates of Parliament finding that the Laying of 
Lint in Lochs and Burns is not only hurtfuU to all fyshe bred 
within the samyn and bestiall that drink therof But also the 
haill waters of the said Lochs and Burns therby being infected 
is maid verie unprofitable for the use of man and very noisome 
to all the peoples lyving therabout Therfor statute and ordayned 
that no person nor persons in Tym cumeing laying in Lochs 
and Running Burnes any Grass Lint under the payn of 40sh. 
Scots money toties quoties for ilk tym they shall contraveine 
and confiscation of the Lint as in the said Act at more Lenth 
is containd And also upon the whoU meill-makers within the Meaimakers. 
said Barronnie of Stitchill for vending and selling of meall and 
not weighing the same by weight contrair to the Act of Parlia- 
ment daited 25 September 1696 and lykewyse upon the whoU 
weivers within the said Barronnie for weaving of Linen cloath weavers. 
vendible at the pryce of lOsh. Scots the ell or above under the 
breadth of 1 ell 2 in. expressly contrair to the Act of Parlia- 
ment And for keiping of unsufEcient weights and measures as 
also for making of Supernumerary mariages and intertaining Marriage 
mor persons therat than is allowed be the Act of Parliament P^^^^^^- 
As also upon the Merchants within the said Barronnie for im- 
porting of prohibit goods from England to Scotland and siclyke Smuggling. 
for fishing, hunting, and gunning in forbidden tyme and trew Poaching, 
it is and of veritie that the fornamid persons have contraveined 
the said Acts of Parliament and that therfore they and ilk ane 
of them ought and should be unlaid and amerciat conform to 
the said Acts of Parliament in example of others not to committ 
the lyke in all tym coming Which Lyble being called the said 
Judge continued the same till the next Court day and ordayned 
the whoU tenants and cottars to compear the nixt Court day 
with certification And accordingly upon the 4th day of July 
thereafter being the nixt Court day the wholl defenders com- 



148 



THE MINUTES OF THE 



[1702 



An guilty. 



Penalty 40s. 



Assoilzied. 



(93) 
1702, July 4. 



(94) 
1703, May 29. 



Debt. 
Hume. 



Claims. 

Ploughing. 
Ale. 



peared in ane fencit Court and confest guilty of contra veining 
the said Acts of Parliament made anent steiping of green 
Lint in Lochs and Burns wherfor the Judge onlaid ilk ane of 
them in 40sh. Scots money for ilk transgression. And holds the 
meel-makers as confest and unlaes ilk of them and ilk ane of 
the weavers in the termes and under the penalties contained in 
all the saids Acts of Parliament And likewyse continews the 
action against George Aitchison upon the penall Statutes 
and particularly for importing of prohibit goods from England 
till he be farder insisted against at the nixt Court In regard 
of his absence this day upon his necessary affair who accord- 
ingly upon the 21 day of November 1702 in ane uther lawful 
fencit Court compeared and denyed the said Lyble wherfor the 
said Judge assoilzied him therfra in respect of his oath wlio 
deponnid negative. 

Act impowering the Barron Bailie to use Summar poynding 
and diligence for all debts not exceiding the soume of 30sh. 
Spots upon the complaint of any party and the debtors 
acknowledging the debt. 

The Courts of the Lands and Barronnie of Stitchill halden 
at the Kirk therof be the Right Honourable Sir John Pringle 
of Stitchill Knight Barronnett upon 29 May 1703. 

Curia legittime affirmata. 

The which day James Hogart in Stitchill is judicially 
decerned to make payment to Robert Pringle merchand in 
Home the soume of 41ib. 5sh. Scots money resting of ane 
Compt for merchandise goods bought and receaved be the 
Defender from the Complainer within these twa yeires or 
therby ex confessione rei with 14sh. money forsaid of expenses 
of pley. 

The which day anent the claime persewed at the instance of 
Agnes Lamb relict of the deceast Thomas Underwood wright 
in Stitchill Mentioning that wher James Hogart thei- is justlie 
adebted to her the soume of Slib. Scots money which was payd 
by the complainer and her deceast husband to Thomas Simm 
for pie wing of ther land which the Defender entered to in 
March 1700 years Item 16sh. money forsaid for certain aill and 



1703] BARON COURT OF STITCHILL 149 

other particulars furnished be the complainer to the defender 

3 years since or therby which being called and the said 

defender compeared personally who confest the first article 

but alledged compensation and lykewyse confest the second 

article which the Judge taking to consideration finds the 

defender lyable to pay what the Complainer expended upon 

labouring the ground and lykewyse decerned for the 16sh. 

ex confessione And referred some other Artickles of the said 

Lyble to the Burlae Court to be discust ther conform to the Buriae Court. 

use and practice of the Barronnie And ordayns the said Burlae 

Court to hold this day eight days for that effect. 

Ita est attestor ego GuUelmus Pringle Notar'vus PvMicus 
cler. 

Ane Barron Head Court halden at Stitchill Kirk be the (95) 
Right Honourable Sir John Pringle of Stitchill Knight Bar- ^'°3' ^°''- ^^• 
ronnett Heretable Proprietor of the Lands and Barronny 
therof upon the ISth November 1703. 

Curia legittime afflrmata. 

The whilk day the whoU tenants and cotars being called 
compeired all personally and took Instruments upon their com- 
pearance. 

The which day John Currie in Stitchill is judicially decerned 
to make payment to David Hogart ther the soum of SOlib, 
19sh, Scots money as the pryce of ane mear bought and receaved Mare. 
be the said defender from the said complainer at Midsummer 
last and partly of borrowed money at the Tym forsaid. Item 
the soum of 81ib. Ish. 6d. money forsaid as the aggryed pryce of 
17 ells of Linning cloath sold and delyvered be Elspeth Hog- Linen. 
gart the complainers daughter to the Defender at Midsummer 
last In respect the said defender being lawfully summoned to 
have compeired this day and place as was sufiiciently verified 
be the officer at the barr oft tymes called and not compeiring 
wherfor the Judge decerned in manner forsaid and for 3sh. of 
expenses. 

The which day anent the claim persewed at the instance of Debt. 
John Lamb Tennent in Maidenhall against Thomas Galbreath 
in Stitchill makand mention That wher in May last the said 
complainer granted to the said defender to ane certan soum of 



150 



THE MINUTES OF THE 



it7<i3 



money for which the Defender promised to pay to the com- 
plainerl21ib. Scots money for granting the said assignation at 
Lambmes therefter And albeit it be of veritie that the said 
defender has ofttymes since syn promitted payment and . . . 
As the Lyble bears which being called and the said Persewer 
and defender both compeirand personallie The defender 
alledged not lyable in the soume lybelled unless he receaved 
the soume assigned from the debitor which was referred be the 
persewer to his oath who deponnid positive and lykewyse 
depones that the persewer promised never to demand the SOsfa. 
lybelled and likewyse depones that he never receaved any 
money containd in the assignation either in haill or in part 
And this is the truth as he shall answer to God which the 
Judge takeing to his consideration ordayns the defender to 
use diligence upon the assignation against the Debiter betwixt 
and Lambes nixt and for that effect to procure ane rovin 
instruction otherways is decerned for the other SOsh. And 
that the persewer shall have acces to the defenders goods by 
poynding without any further decreit. 

Ita est attestor ego Gtdielmics Pringle Nolarius Publicus 
ac praedict. curiae clericus. 



(96) 

1704, June 3. 



Scandal. 
Bourlae Court. 



Ane uther Barron Court halden at Stitchill Kirk be Sir 
John Pringle of Stitchill Knight and Barronnett Heretable 
Proprietor of the Lands and Barronnie therof upon the 8rd 
day of June 1704 years. 

Curia legHtime cbffirmata. 

The which day anent the Lyble persewed at the instance of 
the Procurator ffisoall against Thomas Galbreath and John 
ffairbairne Tennents in Stitchill Mentioning that wher at 
Whitsunday last in ane publict Bourlae Court the saids 
Defenders scandalized each of them others in ther good names 
by calling others Knaves to the Loss of ther credits and par- 
ticularly the said Thomas Galbreath affirmed that he wold 
prove the said John ffairbairne ane knave in face of the said 
Bourlae Court the whoU neghbourhood being conveined for 
the tyme and therefor craves that they and ilk ane of them 
shall be unlaid and amerciat for the said scandells in example 
of others to committ the lyke And lykewyse that your Lord- 



4704] BARON COURT OF STITCIHILL 161 

ship will be pleisit to inact statute and ordayne that in all 
Tyme coming whoever of the Tennents and others within the 
Barronny of Stitchill shall offer abusive language to others 
that your Lordships officer may be allowed to poynd the 
Transgressors immediately therefter for such penalties as your 
Lordship shall think fitt. 

Which being called and the said defender compeiring 
personally and denyed the Lyble which the ffiscall offered to 
prove Another nixt Court day being assigned for proveing 
thei'of several famous witnesses being led and adduced for 
that effect The said Judge and Barron found the said Lyble 
sufficiently proven against the said Defender Galbreath and Fine ;^3. 
therfore amerciats him in Slibs. Scots money In respect of the 
Depositions of severall famous witnesses and finds the Lyble 
not proven against ffairbaim and therfor assoilzies him therfra. 
Act impowering the Bourlae men to pu&ish all disorders that Act anem con- 
shall be committed at ther Court either be the members 
therof or others according to the circumstances of the cryme 
and persons (declairing always that this shall not extend to 
blood) either by fynning or by corporall punishment as they Corporal 
shall think fitt and ordayns present execution to pas upon p""'* ™^" ' 
their Sentence. 

The which day Andro alias David Hoggart in Stitchill Carrier. 
Andro Hoggart caryer ther and Thomas Hoggart ther ar 
judicially decerned to content and pay to James Wilson 
servitor to Alexander Lowrie tennent in Queenscairne the 
soume of 51ib. Scots money adebted be James Hogart late in 
Stitchill to the complainer and which was arreisted in ther 
hands as ane debt dew by them to the said James Hoggart 
wherof the Defender promist payment to the complainer In 
respect the said defender David Hoggart compeired and confest 
the promise wherfor the Judge decerned in manner forsaid. 

The which day Thomas Galbreath in Stitchill is decerned Chest ^■i. 
to pay to Adam Hoggart wright ther the soum of 31ib. Scots 
money as the pryce of ane Chist bought and receaved be John 
Henderson in Stitchill from the Complainer at Pasch last wherof 
the said Defender promist payment In respect the Defender com- 
peired personallie and confest the said promise of payment. 

Gulielmvus Pri/ngle Noiarius Publicus cler. 



152 



THE MINUTES OF THE 



[1704 



(97) 

1704, Nov. 



18. 



Thatch and 
Divots for the 

Mill. 



House-rent. 



Weaver-work 
32s. 



Ane Head Barron Court holden at Stitchill Kirk be the 
Right Honourable Sir John Pringle of Stitchill Knight 
Barronnett upon the eighteenth day of November 1704. 

Curia legittime affbrmata. 

The which day anent the Action and Cause intended and 
persewed at the instance of John Younger tacksman of the 
Corne milne of Stitchill against the wholl Tennants within 
the said Barronnie of Stitchill making mention that wher the 
Tennents was in use formerly to repair and maintain the 
corne milne of Stitchill in thatch and divott both in the com- 
plainers and his predecessors tym Wherfor the complainer 
humbly craved that your Lordship will ordayne the said 
Tennents to furnish thatch and divotts for repairing the said 
milne in Tyme cumeing As your Lordship assigns as do the 
said Lyble or petition bears. Which being called and John 
Donaldsone one of the Tennents in Stitchill compeired for 
himself and in name of the rest of the Tennants and denyed 
the claime Wherfore the said Judge Barron continued the 
said Action till the nixt Court day and in the meantym for 
the present use and exigencies of the mill ordaynes the miller 
to lead himself the one halfe of the thatch as also to cast and 
lead the one halfe of the said divotts and ordayns the Tennents 
to lead and cast the other halfe that the said affair may be 
considered and a fixt rule made for it in all tym comeing And 
ordaynes for that end the miller to meitt on Saturday nixt 
with Alexander Lowrie John Donaldsone John Brunton 
Robert GifFan and any others of the Tennants in Stitchill 
they think fitt to require to make Tryall if they can fall upon 
any expedient for fixing a rule and method for furnishing the 
milne with Thatch and divot in all Tym comeing. 

The which day Adam Hoggart caryer in Stitchill is judici- 
ally decerned to pay to Alexander Wilson Tennent ther the 
soume of fyfty four shillings Scots money as the remaynder of 
ane house-maill possesst be the Defender pertayning to Janet 
Lamb spouse to the Complainer four years since and continued 
the rest of the soum acclaimed till the nixt Court day that 
Janet Lamb compeir. Ex confessione. 

The which day Margrat Galbreath in Stitchill spouse to 
John Currie ther is judicially decerned and the said John for 



1705] BARON COURT OF STITCHILL 153 

his interest to make payment to John Mather weaver in 
Kelso the soume of 32sh. Scots money for certain weaver work 
wrought be the Complainer to the Defender 2 years since In 
respect of the said persewers oath theranent. 

The which day Robert ffairbairn sone to John fFairbairn Disobeying 
tennent in Stitchill is judicially decerned to pay to the Pro- £s°" 
curator ffiscall the soume of 51ib. Scots money as ane fyne 
imposed upon him for disobeying the Baron Bailies order in 
refuseing to goe to the Barronny of the Hirsell with some Hirseil. 
other of the Tennants anent some urgent affair of your Lord- 
ship when he was required therto Wherfore the Judge onlaid 
and amerciat in manner forsaid. 

Act ordayning the Tennants and coatters to be carefull of Young Trees, 
the young tries that ar planted in their yairds and declairing 
that every Tennant and coatter shall be lyable in 12sh. 
Scots for each trie that shall be broken and eatten with 
beasts. 

Curia legittime afflrmata. 

The which day Andro alias David Hogart elder in Stitchill (98) 

1705 1 May 5, 

Andro Hogart caryer ther Thomas Hogart Calseyend are Debt, 
judicially decerned to pay to John Brutiton smith ther the 
soume of 51ib. Scots money which is adebted be James 
Hogart sometyme in Stitchill to the Complainer wherof 
they promist payment ilk ane for ther own pairts. Ex 
confessione rei. 

The which day Andro Watson and Andro Hogart Tennants 
in Stitchill ar judicially decerned to pay to James Dickson 
Tennant at Park End the soums of money following for the 
causes efter specified vizt, — The said Andro Watsone the soum Nag ^f 30. 
of SOlib. Scots money as the aggryed pryce of ane naig bought 
and receaved be him from the complainer ane year since The 
said Andro Hogart 161ib. lOsh. money forsaid as the rest of 6 
bolls oats bought and receaved be him from the complainer and 
Robert Giffan in Sweithope equally betwixt them twa yeirs since 
In respect the Defender Watson compeired personallie and 
confest the same and the Defender Hogart being lawfully 
summoned ofttymes called and not compeiring was holden as 
confest. 



154 



THE MINUTES OF THE 



[1705 



(99) 

1705, Nov, 10, 



Smailholm. 



2 Bolls Beare 



Ane Head Court holden at Stitchill Kirk be the Right 
Honourable Sir John Pringle of Stitchill Knight Barronnett 
Heretable Proprietor of the Lands and Barronnie therof upon 
the 10 day of November 1705. 

Curia, legittime qfflrmata. 

The which day Adam Hogart in Stitchill is judicially 
decerned to pay to Thomas Lawrie in Smailholme Spitle the 
soume of 31ib. I9sh. Scots money restand of a greater soum 
dew be him to the Complainer conform to his Bond Ex c&nfes- 
sione rei with 12sh. of expenses of pley. 

The which day Margrat Thomson relict of the deceast 
Thomas Galbreath in Stitchill is judicially decerned to pay to 
John Smith smith ther She as executor or at least intro- 
missatrix with her deceast husbands goods and geare the 
soume of ISlibs. Scots money as the pryce of two bolls Beare 
bought and receaved be the said defunct from the Complainer 
three years since in respect the said defender being lawfully 
summoned ofttymes called and not compeiring was holden as 
confest. 

The which day John Curry in Stitchill is decerned to pay to 
Robert Pringle merchant in Home the soume of 31ib. 18sh. 
Scots money conform to any produce receaved. In respect the 
said defender compeared personally and confest the same with 
12sh. money forsaid for expenses of pley. 
Nag 20 merks. The which day Ritchard Taylor in Queenscairn is judicially 
decerned to pay to John Younger Tennent at Stitchill Milne 
the soume of 20 merks Scots money as the aggryed pryce of 
ane naig bought and receaved be the said Defender from the 
Complainer within these six years or therby In respect the 
said defender being lawfully summoned ofttymes called and not 
compeiring was holden as confest. 

The which day James Marjoribanks wright in Stitchill is 
judicially decerned to pay to George Gib in Home the soum 
of 121ib. lOsh. Scots money as the cost of ane mear bought 
and receaved be the said defender from the complainer ane 
year since In respect the said defender compeared personally 
and confest the same with 24sh. of expenses. 

The which day the said James Marjoribanks is judicially 
decerned to pay to John Meilke in Mellerstayn the soum of 



Hume. 



Hume. 



Mare £i2. ids. 



Millerstain. 



i7o6] BARON COURT OF STITCHILL 155 

61ib. Scots money as the pryce of half ane boll of oatmeall J Boll Meal ;^6. 
bought and receaved be the said defender from the said corn- 
plainer on Whitsunday last (the term of payment being first 
come and bygone being Mertimes 1705) Ex confessione rei. 

Gulielmus Pringle Notarius Publicus cler. 

The which day John Curry in Stitchill is judicially absolved i load of meal 
from the Lyble persued at the instance of Margrat Black in ' 
Stitchill against him wherby she acclaimed from the Defender 
271ib. Scots money as the pryce of ane load of meall which 
belonged to her and to Patrick Millar her deceast husband 
with which the defender being then the complainers servant 
was entrusted to sell at Edinburgh and to be comptable to the 
complainer and her said deceast husband 6 years since or 
therby And trew it is that without any order from the com- 
plainer or her husband the Defender trusted the said meall 
and has never compted nor payed the Same, and therfor ought 
to be decerned to make payment therof as the Lyble bears. 
Which being called and the said defender compeared and 
denyed which was referred be the said persewer to her oath of 
verity simpliciter who being solemnly sworn upon his great 
oath deponnid negative to the haill points of the Lyble and 
that he had compted for the meall lybelled and that he was 
owing nothing to the complainer nor her deceast husband and 
this is the truth as he shall answer to God sic subscribitur John 
Currie In respect therof the said Judge assoilzied in manner 
forsaid. 

The whilk day the whoU Tennents and Cottars in Stitchill Decreit against 
are judicially decerned for the annual rents of rents due by ^"*°'^- 
them after, the term of Mertimes this present year 1705. 

Allowing the possessors of fourth parts in the Maynes to Act anent the 
put on sheip upon their grass in place of a cow according to "^^y"^- 
the Common Stent if they think fit. 

Ane other Barron Court holden at Stitchill Kirk be Sir John (loo) 
Pringle of Stitchill Knight Baronet Heretable Proprietor of '^° ' 
the Lands and Baronny of Stitchill upon the 16 day of 
November 1706. 

Curia legittime affirmata. 

The which day Adam Chairtris in Stitchill and Andro Debts. 



156 



THE MINUTES OF THE 



[1706 



Sweethope. 



(lOl) 

1707, January 



Hogart caryer ther are judicially decerned to pay to Andro 
alias David Hogart younger either the soums of money under- 
written for the causes efter specified ilk ane of them for their 
own pairts as is efter divydit To witt the said Adam Charteris 
the scum of 51ib. 6sh. 8d. Scots money as the remainder of the 
pryce of ane bargain of oats which was instructed by the 
defender to be sold at Dalkeith and which was disposed upon 
by him at Lambmes bygone a year. In respect it was alledged 
by the persewer that the Defender Chairteris undertook for 
his payment of the said proportion for probation referred the 
same to the defenders oath which he deferred to the persewers 
oath who being solemnly sworn upon oath deponed that the 
Defender Charteris expresly promist payment of the soum 
lybelled Wherfor the Judge decerned in manner forsaid with- 
out allowance of any expenses except what was expressly paid 
out at selling the oats Item the said Andro Hogart the soume 
of 59sh. 4d. Scots money borrowed and receaved be the 
defender Hogart 4 years since ex confessions rei And was 
assoilzied from the remaynder of the soum lybelled In respect 
of the persewers refusal to give her oath upon ane exception 
of payment proponned be the defender. 

The which day John Brown Tenant in Stitchill is judicially 
decerned to make payment to Andro Johnstone servitor to 
John ffairbairn in Rowes the soum of 161ib. Scots money as 
the agryed pryce of certain beare and oats which grew at 
Sweithope sold and delivered be the persewer to the defender 
cropt 1705 which should bein payed the first of May last In 
respect the said defender being lawfully summoned oft tymes 
called and not compearing was balden as confest. 

The which day John ffairbairn Tennent in Stitchill is 
judicially decerned to pay to William Dickson ther the soum 
of 34sh. and a farthing Scots money as the ballance of ane 
Accompt dew be the persewer with 6d. of expenses. 

Gulielmus Pringle Notarius Puhlicus cler. 

Ane other Court holden at Stitchill Kirk be the Right 
Honourable Sir John Pringle of Stitchill Knight Barronnett 
upon the 11th day of January 1707 years. 

Curia legittvme afflrmata. 



1707] BARON COURT OF STITCHILL 157 

The which day anent the Lyble persewed at the instance 
of Alexander Scott servitor to John Lawrie in Stitchill with 
concurrence of Procurator ffiscall against Walter Scott in 
Stitchill Making mentione that when about 20 days since or 
therby the said defender in ane furious manner scandelized the Scandal ;£io. 
said Janet Puntem in her good name and reputation by 
threatening the complainer and calling her banisht bitch and 
desyred to her to come out that he might draw blood of her 
about the eyes wherby he has comitted ane manifest scandall 
and ryot and therfor the said defender ought and should not 
only be unlaid and amerciat conform to the Acts of Parlia- 
ment but also punyshed in his body to the terror of others to 
commit the lyke in tym comeing And also to make satisfaction 
as accords As the Lyble more fully bears Which being called 
the said defender compeared personally and denyed, which the 
persewer referred to his oath, who refused to purge himself by 
oath and therfor amerciats him in ten pounds Scots money 
Decerning to Janet Puntan the party wronged Thrie pound 
therof for which she is allowed to poynd his goods and doe 
any other diligence wherein she has a mynd. Also requires 
Alexander Lowrie to give all concurrence and assistance to 
the party wrongid in case she have a mind to persew the said 
scandall before the Kirk Session or any other competent Kirk Session. 
judicatory for reparation of her good name. 

The which day Alexander Scott in Stitchill is amerciat in seizure of pot. 
51ib. Scots money for ane spuilzie committed be him in offering gpuiizie £5. 
to take ane pott out of the said Alexander Scott his brothers 
house forcibly. Ex confessione rei. 

The which day John Brunton smith in Stitchill and Adam 
Charteris ther ar ilk ane of them amerciat in 51ib. Scots for Riots ;^s. 
ryots committed ilk ane of them upon others in tyme of 
Teynding and stopping therof. Teinding. 

The which day Andro Watson in Stitchill is judicially Debt. 
decerned to pay to John Younger miller at Stitchill milne tlie 
soum of 51ib. 4sh. 6d. Scots money resting of a greater soum 
conform to ane fitted accompt this day betwixt the Persewer 
and defender In respect of the defenders own confession with 
lOsh. money forsaid of expenses. 

Act discharging all possessors of ground in the Mayne 



158 



THE MINUTES OF THE 



[1707 



Green pease in fourth aikers or any other ground within the Barronny of 
penaity^^io- StitchiU not exceiding ana quarter of ane husband-land to 
putt green peise in all tyme comeing under the pain of lOlib. 
Bourlae Court, halfe therof to be given to the Informer. The foresaid Act 
is referred to a Bourlae Court that it may be considered by 
the possessors themselves how far it may be convenient or 
inconvenient for them, and ordains a Bourlae Court to be 
halden for this purpose the first Saturday of May nixt. 

The which day the whoU Tennants and possessors within 
the Barronnie of StitchiU ar judicially decerned for ther rents 
resting unpayed at Mertimes last and annual rents of the same 
from the said term so long as they are unpayed. 



Rents and 
interest. 



(102) The which day David Hogart in StitchiU is decerned to 

s'eii's Sacking pay to John Paterson weaver ther lOsh. 8d. Scots money for 
los. 8d. g gjjg ^f sacking-cloth wrought be the complainer to the de- 

fender 2 years since at Candlemes last. 

The which day anent the claim persewed by James Service 
Alexander Hislop, James TurnbuU, and Adam Hogart Ten- 
nents in StitchiU against John Richison dyker ther Men- 
tioning that wher in March last the saids complainers for 
themselves and in name of the rest of the nighborhead im- 
Folds. ployed the defender to build four folds which the defender 

undertook to mount in of the said faulds for serving their 
sheep immediately efter the said conditione which he has not 
yet performid and therefor he ought and should be decerned 
to make payment to the complainers the soum of . . . for 
Bourlae Court, coast, skaith and damnage. Which the said Barron and Judge 
taking to consideration referred the matter to the decision 
of the Bourlae Court. 



(103) 

1707, Nov. 8. 
Headstones. 



The which day Anent ane petition given in by John 
Dickson taylor in Kelso and Agnes Hamilton his spous, shewing 
that whereas George Hamilton in Smailholm Spitle having at 
his own hands about 5 years since or therby causid lift twa 
heids which belongid the petitioner Agnes Hamilton her 
deceist father and brother and hes disposed upon the same 
And therefor the Petitioners humbly cravid that the said 
Barron and Judge will be pleasid to appoint such persons as 



1708] BARON COURT OF STITCHILL 159 

his lordship should think fitt to take tryall of the same and 
report. 

Guiielnms Prmgle Notarius Puhlicus cler. 

And that the said twa Heid stanes may be restored back to 
the petitioners and set up in the places they were formerly takin 
from And your lordships authority etc. Which petition the 
Judge taking to consideration ordayns Alexander Lowry with 
assistance of Adam Hogart wright, John Underwood beddell, 
George Hamilton Tennant John Donaldson and Richard 
Givan to take under ther consideration the contents of the 
said petitione and to make report of the same instantly as 
betwixt and this day eight days Who having instantly viewed 
the ground reports that according to ther best knowledge and 
judgment the headston that was sett at George Hamilton 
wright his grave doth still remain ther, And lykewyse that it 
is not consistant with ther knowledge that the said George 
Hamilton his sone had a headston at his grave nor that the 
within-designed George Hamilton had removed any head- 
stones during his residence at Stitchill or since. And ordayns 
extracts heirof to be given to the parties if they think fitt 
The forsaid report sic subscribitur Alexander Lowrie John 
Donaldson, Robert Givan, Adam Hogart, George Hamilton, 
John Underwood. 

Ane Barronny Court holden at Stitchill Kirk Be the Right (i°4) 

1 708 Ta.nu3.rv ^i« 

Honourable Sir John Pringle of Stitchill Knight Barronnett 
Heretable Proprietor of the Lands and Barronnie therof upon 
the forsaid 31st January 1708. 

Curia legittime qffirmata. 

The which day Anent the Lyble persewed' at the instance Burial in Linen 
of John Underwood Procurator fEscall of this said Court ^"''"^'^^"' 
against John Brunton smith in Stitchill James Sheill ther, 
Peter Grigor ther, John Anderson ther, James Dods ther, 
John Smith ther, John Brown ther, James Steinson in Hume 
Byres Mentioning that wher be Act of Parliament of date the 
25th day of March 1707 years All the leidges and subjects 
within this Kingdom ar expressly prohibit and dischairged 
to wind ther deid in Linnen cloth and trew it is that the 
fornamid persons and ilk ane of them have contraveined the 



160 



THE MINUTES OF THE 



[i;o8 



To be Buried in said Act of Parliament in not burying their deid in woollen ^ 
viz., — ^The said John Brunton for his mother-in-law, James 
Steill for his child, Peter Grigor for his child, John Anderson 
for his sone, James Dods for his child, John Smyth for his 
wyfe Agnes Dicksone, John Brown for his wyfe Margaret 
Cockburn, James Steinson for his child. And therfor they ought 
and should be decerned ilk ane of them in the soum of 200 

Penalty ^200. pounds Scots money and the halfe therof to be applyed to the 
use of the poor conform to the Acts of Parliament thereanent 
as the Lyble bears. Which being called and the defenders 
being lawfully summoned oft tymes called and not compeiring 
was holden as confest except the said defender John Brunton 
being necessarily absent and in regard it was credibly attested 
by severall persons that his mother in law died before the 
dates of the Act and lykewyse attested be the Defenders own 
wyfe Wherfor the Judge and Barron assoilzied the said 
defender Brunton in manner forsaid and decerns against the 
rest of the absents And the rest in the Lyble compearing in 
the said soume of 2001ibs. money forsaid and ordaines the 
halfe therof to be applied to the use of the poor conform 
to the Acts of Parliament theranent. In respect the saids 
persons compearing confest they had contraveined the said 
Act of Parliament anent burying in woollen. 

The which day anent ane Complaint given in be Robert 
War servant to the said Sir John Pringle against Adam 
Charteris and Alexander Hyslop Tennants in Stitchill shewing 
that wher the fornamid persons contrair to neighbourhead and 
practices of the Barronnie put their lands out of the ordinary 
breaks and therfor they ought and should be decerned to 
make payment to the said persewer as ffactor forsaid to the 
said Sir John Pringle of the soum of ... as cost, skaith and 
damnage as the said Complaint bears Which being called and 
the said Judge and Barron finding that the defender Hysloppe 
by his own confession has prejudged the ground he possest in 



Lands out of 
rotation. 



1 This Act of Parliament was passed with the object of encouraging the 
woollen trade in the kingdom. And ministers of religion were enjoined to see 
it carried into practice ; hence the rural Scots custom of having the clergyman 
present when a body was chested or placed within the coffin. 



i7o8] BARON COURT OF STITCHILL 161 

plowing up Lie ground which had only lyne for one yeare 
And therfor decerns against him in Ten pounds Scots for 
making up of the loss and damnage yearly And ordayns such 
effects as the said Adam Charteris hes within the Barronnie yet 
remayning to be socneid and arreisted till he satisfye for the Socneid. 
damnage done be him in manner forsaid. 

The which day Agnes Lamb in Stitchill is decerned to pay Land-tilling, 
to James TurnbuU tennent there the soume of 30sh. Scots 
money in compleat payment of 30sh. money forsaid acclaimed 
be the persewer fra the said defender as the remayn of the 
pryce of certain land-tilling witliin these 3 years or therby In 
respect the persewer refused to give his oath upon the verity 
of the Lyble efter the same was deferred therto. 

The which day the said Judge and Barron sitting in judg- Unpaid Rents. 
ment decerns against the haill tenants and cottars who have 
not yet payed in their rents dew at Mertimes 1707 or who 
shall not pay them betwixt and the third of the nixt moneth 
for the saids rents and the current interest therof from the 
said term of Mertimes so long as they remayn unpayed. 

Gulielmus Pringle Notarius PubUcus cler. 

Curia legittime afflrmata. 

The which day Alison Hogart in Stitchill is inlaid in one (105) 
shilling sterling for breaking of a Firr tree branch at her own '^° ' ^'' ' 
hands without liberty given to her for that effect. 

As also the said day the said Sir John Pringle sittand in Rents and 
judgment decemes against the Tennants within the Barronny '°'*'''=^'- 
of Stitchill as shall failzie in payment of ther rents at Whit- 
sunday nixt for the annualrents therof from the said term of 
payment. 

The wliich day Thomas Watson in Stitchill is decerned to Eaten Oats 
pay to Robert Gottrae ther the quantity of seven halfe fulles ^"'^ ^^'^' 
of oats and one peck with halfe peck of beare eatten and 
destroyed be the Defenders Bestiall in harvest last conform to 
note of apprysing submitted be Alexander Lawrie John 
Donaldson and Alexander Wilsone ordinar comprisers within 
tlie Barronnie produced in process as the pryce therof of the i Boll Oats 
said oats at 41ib. lOsh. the Boll and the beare at the rate of •^'*" '°^' 
51ib. lOsh. the Boll at the option of the Defender either to 

L 



162 



THE MINUTES OF THE 



[1708 



pay that value or corn in specie conform to the said quantity 
lybelled and that within 8 days otherways to be lyable for the 
value in money. 



(106) 

1703, Nov. 20. 

Two horses to 
Dalkeith 
4sh. ster. 



Curia leg'Mime affirmata. 

Which day compeared the wholl tenants of the said 
Barronnie being lawfully warned and called to that effect. 

The said day Robert Weir in Stitchill is decerned to pay to 
George Hamilton in the Hill ther the soums of money follow- 
ing for the causes efter specified viz. — The soume of 4sh. 
sterling as the pryce of Two horse cariages to Dalkeith or 
any other part round within that distance or to lend the 
persewar twa horse to Dalkeith or to any other part round 
within that distance and that within 21 hours advertisement 
with this certificatione that if the complainer doe not require 
the saids horses betwixt and the term of Whitsunday nixt as 
otherways shall have no farther claim to them and lykewyse 
the soum of 20sh. Scots money for two horse cariages to him 
to Hundalee in the same maner in Summer last both as to the 
tyme of performance with 9sh. money forsaid for muck leid- 
ing with 16d. for twa leids of oats carying to the niylne Item 
ane grot for 9, reists Ex confessione rei. 



((07) 

1709, April 23, 



Lint in lochs 
etc. 40s. 



Contumacy 
jTio. 



The Court of the Lands and Barronnie of Stitchill lialden 
at the Kirk therof be the Right Honourable Sir John Pringle 
of Stitchill Knight Barronnett Heretable Proprietor of tlie 
Lands and Barronnie therof upon the forsaid day moneth and 
year above written. 

Curia legittime affirmata. 

The which day the said Sir John Pringle sittand in judg- 
ment anent the complaint given in be John Underwood Pro- 
curator ffiscall against the Tennants and Cottars within the 
Barronny of Stitchill for transgressing the Acts of Parliament 
made against steiping of green Lints in Loches or burns to 
the prejudice of the fishes therin and bestiall that drinks of tiie 
waters therof The said Judge fyned the Tennants and Cottars 
compearing ilk ane of them in 40sh. Scots money in respect of 
tlier confessions and ilk ane of the absents in lOlibs. monev 
forsaid for contumacy In respect they were lawfully cited to iiave 



17 10] BARON COURT OF STITCHILL 163 

compeired that day and place ofttymes called and not compeir- 
ing wherfor the Judge unlaid in manner forsaid and ordayns the 
absents to be cited to the nixt Court day with certification. 

Curia legittime qffirmata. 

The whilk day being ane Head Court the wholl tennants and (los) 
cottars compeiring being lawfully warned for that effect and ^7°5. Nov. 5. 
took Instruments of their compearance and were unlaid for 
transgressing the forsaid Act of Parliament conform to the 
Termes therof. 

Act ordaining all within the Barronnie of Stitchill to make payment of 
punctuall payment to the Schoolmaster of the quarters fees schoolmaster, 
at ther Entrees Declaring that efter any has begun a quarter 
and removes ther children from the school befor the said 
quarters be finished they shall have no allowance of what shall 
be wanting of the said quarter nor shall be allowed to count 
the same upon the beginning of ane other quarter Nor shall be 
allowed any single days that are intermitted in a quarter 
Excepting from this Act the cause of sickness only for which 
allowance may be claimed. 

Curia legittime affirmata. 

The which day Agnes Lamb relict of the deceast Thomas (109) 
Underwood wright in Stitchill and Robert Weir tennant in '^'°' ^^ 
Park End ar judicially decerned to pay to Robert Pringle 
merchand in Home the soumes of money following ilk ane of Debts. 
them for ther own pairts as is efter divyded viz. — The said 
Agnes Lamb the soum of 31ib. 7sh. Scots money as the re- 
mainder of certain Lint bought and receaved be her fra the 
complainer 5 years since; The said Robert Weir 51ib. 9sh. 
money forsaid for certain iron bought and receaved be him fra 
the complainer a year since In respect the said defender Lamb 
and Robert Weir his wyfe compeared both personally and 
confest the forsaid soums to be justly resting wherfor the 
Judge decerned in manner forsaid. 

The which day Peter McGregor in Stitchill is decerned to Wauik mill. 
pay to John Watson at Stitchill walk mylne the soumes of 
money following for the causes specified, viz. — The soum of Milling and 
£8sh. Scots money for milling and dressing of 14 ells of gray as.^perfir^^ 



164 THE MINUTES OF THE [1710 

at 2sh. per ell Item 17d. for cloath milled and prest at the 
29th June last extending to 2lib. 5sh. money forsaid. 
Nag. The which day the said Peter McGregor is decerned to pay 

to John Currie in Stitchill the soume of 91ib. lOsh. Scots 
money resting of the pryce of ane naig bought and receaved 
be the defender fra the complainer at Mertimes last as the 
pryce of a cappfull of meall bought and receaved at the tym. 
forsaid In respect the persewers oath being deferred therto by 
the defender. 
4 fulls horse The which day the said Peter McGregor is decerned to pay 

corn4ss. ^^^ James Manderstone in Harlae the soume of fourty fyve 

shillings Scots money as the pryce of four fulls horse corn 
bought and receaved at Chalamas ^ last. Ex confessione rei 
with ten shillings of expenses. 

The which day Issabell Pringle in Stitchill spouse to James 
Wilson in Kelso is decerned to pay to Robert Wood taylor in 
Stitchill the soum of 91ib. Scots money resting of the soum of 
161ib. money forsaid promitted be him in name of prentice 
fee with her son James Wilson In respect the defender being 
lawfully summoned ofttymes called and not compearing was 
holden as confest. 
Cow/24, II. 6. The which day Thomas Donaldson in Stitchill is decerned 
to pay to Alexander Hislop tennent ther the soum of S^lib. 
llsh. 6d. Scots money as the pryce of ane Cow bought and 
receaved be the defender fra the complainer ane moneth 
since In respect of the persewers oath. 
Teinding The which day the said Judge iand Barron sitting in judg- 

and%?stg!' ment statutes and ordayns in all tyme comeing the small 
possessors in the toun of Stitchill attend the Teynding upon 
the first wairning and upon ther negligence and faillzency 
herein impowers the officer within the Barronnie to poynd 
summarily and immediately to the value of Ish. sterling and 
this for delaying to come out but if they be absent the wholl 
tym to the value of 5sh. sterling and this to proceed upon 
summer poynding. 
Expiry of Act Declairing that when any of the small possessors in the 

Maynes and acres of Stitchill give over ther possessions at the 



^ Candlemas. February 2. 



1712] BARON COURT OF STITCHILL 165 

"term of Mertimes as is customary with severalls They shall be 
obleidged to refound the value of the gras they possessed the 
year before without any deduction or allowance for herds fee 
or other expenses and lykewyse declairs that any of the saids 
possessors giving over in manner above exprest shall have no 
right to the fail of that years cropt nor any fuill mad about 
"ther house but shall leave it to the next possessor of the 
ground without any payment on that accompt or con- 
sideration therfor. 

The forsaid day William Watson George Aitchison James Bouriaemen. 
Turnbull David Hogart Alexander Hamilton and John 
Watson were admitted Bouriaemen who gave ther oath de fideli 
■administratione. 

The which day Robert Haliday in Stitchill is decerned to ("o>) 
pay to Alexander Hislop ther the soum of l^Iib. Scots as the j^ ' ^ ' '^" 
pryce of ane Naig bought and receaved be the Defender fra 
the Complainer at Kelso Fair last In respect the said defender 
being lawfully summoned oft tymes called and not compearing 
was holden as confest. 

The which day James Turnbull in Stitchill is assoilzied Riot assoilzied. 
from ane Ryot and Blood alledged comitted be him upon 
Thomas Pearson ther In respect of the defenders oath being 
referred therto by the persewer. 

The which day anent the claim persewed at the instance of Arbitration. 
Alexander Hislops against Andro Watsone and Thomas Hog- 
gart being referred to James Dicksone and John Younger They 
ordained the said Andro Watsone and Thomas Hoggart con- 
form to ther severall propositions to pay to the said Alexander 
Hislop 71ib. lOsh. Scots money which is ordained. This Sentence 
"to be extracted with expenses conforme. 

Gulielmus Pringle Notarius Puhlicus cler. 

Curia legittime affimata. 

The which day Andro Hogart caryer in Stitchill is judi- (no^) 
■ciallie deceVned to pay to Adam Hogart caryer ther the soums 
■of money following for the causes efter specified viz., — 42sh. Debts. 
Scots money borrowed ane year since Item 20sh. money forsaid 
as ane Cariadge of meal to Edinburgh the tym forsaid Item 



166 



THE MINUTES OF THE 



[1712 



Relief of Cau- 
tionry. 



Hume. 



31ib. ISsli, money forsaid uplifted be the defender in name of 
the Complainer from ane person in Edinburgh for which he 
made no Compt to the Complainer extending to six pounds 
seventeen shillings money forsaid In respect the said defender 
being lawfully summoned oft tymes called and not compeiring 
was holden as confest. 

The which day anent the Lyble persewed at the instance of 
George Aitchison merchand in Stitchill against James Turn- 
bull tennent ther Mentioning that wher about 16 years since 
or therby the said defender became cautioner for the Com- 
plainer for payment to the deceast Adam TurnbuU sometym 
indweller in Home brother to the defender of the soum of 
lOlib. sterling money principall with annual rents and ex- 
penses contained in a Bond granted be the said Defender as 
principall and the Complainer and Andro Walker in Kaimflat 
conjunctlie and severallie as cautioners for the said defender 
to the said deceast Adam Turnbull And trew it is that Turn- 
bull hes raised ane Writt against the Complainer and intends 
to apprehend and secure hes person and effects in England aye 
and till payment be made of the said debt as the Complainer 
is certainly informed Therfore humbly craves your Lordship 
will decern and ordayn the said defender to release the Com- 
plainer from his said cautionry and of all damnage and expenses 
he may incur ther through As the Lyble bears which the said 
Judge and BarrOn taking to consideration decerns conform to 
the Lyble and ordains exti-act hereof when ever the Complainer 
shall instruct and document that he has been distrest for the 
debt above mentioned and payed the same. 



(Ill) 

1712, Nov. 



S capfuls meal 
los. 



Ane Head Barron Court holden at Stitchill Kirk by the 
Right Honourable Sir John Pringle of Stitchill Knight Bar- 
ronnett Heretable Proprietor of the Lands and Barronnie 
therof upon the eighth of November 1712. 

Curia legittime affirmata. 

The which day Andro Hogart in Stitchill is decerned to 
pay to Elspeth Paterson ther eight shillings Scots as the 
remainder of weaverwork wrought be the deceast John Pater- 
son the complainers father to the defender ane year since 
Item lOsh. money forsaid as the pryce of 5 capfulls of meall of 



17 1 3] BARON COURT OF STITCHILL 167 

bountith Item seven pence as the pryce of half a peck of oatmeal half peck yA. 
ex confessione. 

The which day Alexander Gardiner weaver in Stitchill is Blood and riot 
unlaid in 501ib. Scots for ane Blood and ryot comitted be him ^■''°' 
upon Adam Hyslop residenter in Lothian within Margaret 
Clarkes house. 

The which day James Stevenson tenant in Home Byres is Removing a 
amerciat in lOlib, Scots money for violently at his own hand °"^'^'°- 
taking ane horse out of ane draught belonging to Robert 
Pringle merchant in Home the last Spring In respect of his 
own confession. 

The which day George Hammilton in Stitchill and Patrick Refusing pledge 
Glasgow ther ar unlaid ilk ane of them in ane shilling sterling „', . 

f _ ... o o Taking away a 

the said George Hammilton in refusing to take a pledge and poynded horse 
the other for taking away his horse at his own hands efter it 
was poyndit according to their own confessions. 

GuUehius Pringle Notarius Publicus cler prcedict. curios. 

Curia legittinie afflrmata. 

The whilk day William Watson in Stitchill is iudicially ("?) 

171^ May ^o, 

decerned to pay to John Lindores in Home the soum of Twenty j^^^g 
four pounds Scots money seven shillings and six pennies as ane pee i year 
years fee wrought be the defender to the Complainer three -^^4- 7- &■ 
years since In respect of the defendars confession allowing 
detention in the defendars hand for seven days work till ye 
next Court day. 

The which day Sir John Pringle Knight and Baronet sitting Absolved. 
in judgment hes absolved William Hope herd to John Younger 
miller at Stitchill from the claime persewed at James Watsons 
walker his instance against him for twenty six shillings Scots 
apprysed be the Bourlae men for alledged damnage sustayned 
be the said James Watsone by the said William Hopes neglecb 
conform to ane note of apprysing produced In respect of the 
persewers refusal to depone being deferred thereto by the 
defender. 

The which day Thomas Hogart in Stitchill is judicially Debt. 
decerned to pay to John Mack Tennant in Gordon Mains the 
soum of Ten pounds Scots money as tlie remains of the pryce 
of certain sheep bought and receaved be the defender from the 



168 



THE MINUTES OF THE 



[1713 



Mare. 



Debt, 



Debts. 



complainer 3 years since In respect of the persewers oath 
being deferred tlierto by the defender. 

The which day Wilham Blackie Tennant in Parkend is 
decerned to pay to Robert Hopper Tennant in Idenmith the 
soura of 241ib. Ish. Scots money as the remainder of the pryce 
of a meer bought and receaved be the defender from the com- 
plainer at St. James Fair last which should have been payed 
at Mertiraes last In respect the said defender being lawfully 
summoned to have compeared this day and. place oft tymes 
called and not compeiring was holden as confest. 

The which day John Underwood wright in Stitchill is 
judicially decerned to pay to Robert Thomson servant to John 
Younger tennent in Stitchill the soum of 91ibs. Scots money 
borrowed and receaved be the said defender from the com- 
plainer 2 years since In respect the defender being lawfullie 
summoned oft .tymes called and not compeiring was holden as 
confest. 

The which day Patrick Grigor in Stitchill and David Broune 
sklaiter ther is judicially decerned to pay to Robert Pringle 
merchant in Home the soums of money following for the causes 
efter specified To witt the said Patrick Grigor the soum of 
24sh. 6d. Scots money which the defender became debitor to the 
complainer for Margaret Black 3 yeirs since Item 16sh. money 
forsaid as ye remainder of the pryce of Lint seid comptid and 
reckoned betwixt the complainer and defender this day The 
said David Brown 28sh. money forsaid for merchandise goods 
six years since In respect the said defender being lawfullie 
summoned oft tymes called and not compeiring was holden as 
confest. 

The which day William Blackie Tennent in Park End is 
decerned to pay to Alexander Hislop Tennant in Stitchill 
31ibs. Scots money as the cost of ane mear which was payable 
at St. James Fair last In respect of absence being lawfullie 
summoned for that effect. 

The which day John Browne cowan in Stitchill is judicially 

decerned to pay to John Smith smith ther the soums of money 

following for the efter causes specified To witt Slibs. Scots 

iboiibeaie^^a. money as ye pryce of halfe a bolle bear bought and receaved 

be ye defender from ye complainer 6 years since Item 56sh. 



Lint. 



Mare £3. 



Dry-stone 
dyker. 



171,3] BARON COURT OF STlTCHILL 169 

Scots money forsaid as the pryce of halfe a boll of oats bought i boll oais 56s. 
and receaved at the Time forsaid Item 161ibs. money forsaid 
as ye pryce of 10 pks of oatmeall bought and receaved 4 years ^° pecks "leai 
since In respect of absence being lawfuUie cited. 
Gulielmus Pringle Notarius Puhlicus cler. 

Ane Head Court halden at Stitchill Kirk Be the Right ("3) 

° 1713- Nov. 14. 

Honourable Sir John Pringle of Stitchill Knight Baronnett 
Heretable Proprietor of the Lands and Barronnie therof upon 
the 14th day of November 1713 years. 

Curia legittime affirmata. 

The which day Robert Haliday in Stitchill is judicially Plowing ;S3- 
decerned to pay to Alexander Hamilton in Maynrig the 
soume of Slibs. Scots money resting for plowing of certain 
lands possest be the defender 3 years since In respect of 
the defenders acknowledgement that the soum lybelled is 
owing. 

The which day George Aitchison elder merchant in Stitchill Riot ;^io. 
is unlaid in lOlibs. Scots money for ane Ryotcomitted be him 
upon Josua Locke gardener at Neuton and his brother ex con- 
JesAone and is assoilzied from the Blood in regard not proven 
as also James and George Aitchison younger ar unlaid in Ten contumacy 
pounds Scots for contumacy and ordayned to be cited to the £^°- 
nixt Court day. 

The which day Adam Hogart caryer in Stitchill is judicially Debt, 
decerned to pay to Mr. John Dicksone Minister at Lantrive 
the soume of 32 pounds 6sh. Scots money as the piyce and 
worth of certain victual bought and receaved be him from 
the Complainers father 17 years since or therby In respect the 
said defender being lawfully summoned to have compeared this 
•day and place oft tyraes called and not compeiring was holden 
as confest. 

The which day it is statute and ordayned that in all tyme Act anent the 
•comeing the mylne but not the houses belonging to it be ' " 
furnished with strae be the Tennants proportionally to the 
husband lands within the Barronnie ordaining them to carry 
the said strae according to their proportions to the Mill, and 
that the said MiU be furnished with divots proportionally 
Ihro' the Barronnie conform to the husband lands. But 



170 



THE MINUTES OF THE 



[1715 



Divots. 



Bourlaetnefl. 



Fencing. 



Wells. 



ordayning that the Millar both cast and lead the saids divotts- 
upon his own charges. 

Act anent furnishing of divots to the coat houses Manser 
and houses belonging to it Mill and Teynd barne Malt barne 
and kiln and generally other houses within the Barronnie that 
may neid reparation. 

Item it is statute and ordained that the Burlaemen meit 
twice in the yeare viz. the first Saturday of March and the first 
Saturday of October at which Courts of the Bourlaemen any 
possessors of the houses above written may give in accompt of 
what divots they need for repairing their houses and the 
Bourlaemen are ordered to divyde and proportion the same 
in the most convenient and equal manner to all concerned 
amongst the severall husbandlands of the Barronnie including 
therein Queenscairne Sweithope and the Park End but not the 
inclosures of the Craigend. 

Act ordaining all such as put any horse or other beasts- 
upon the Hall hill to concurr in fencing it so as it adjoins- 
to the fourth aikers Including therein that part of the 
fourt Aiker presentlie possest be John Younger and ordain- 
ing the whoil residenters within the Baronie to concur for 
mending of ways digging of wells or any other thing of 
that kind. 

Gulielmus Pringle Notanits Ptiblicus cler. 



(114) 

1714, May 2. 



The which day David Brown sklaiter in Stitchill and Issobell 
Edmonstoun his spouse is decerned to pay to Margaret Clark 
ther 41ib. 5sh. Scots money for drink furnished be the corn- 
plainer to the defender a year since In respect of absence being 
lawfully summoned. 



1714, Nov. 6. 



Ale. 



Ane uther Head Barron Court halden at Stitchill Kirk Be 
the Right Honourable Sir John Pringle of Stitchill Knight 
Barronet Heretable Proprietor of the Lands and Barronnie 
ther upon the 6th day of November 1714. 

Curia legittime afflrmata. 

The which day Agnes Lamb relict of the deceast Thomas. 
Underwood wright in Stitchill is judicially decerned to pay 
to Margaret Black in Stitchill the soume of 3sh. sterling: 



171 5] BARON COURT OF STITCHILL 171 

for aill furnished to her 3 years since In respect to the 
persewers oath being deferred therto be the defender. 

The which day Issobell Pringle in Stitchill and James Debt. 
Wilson her husband for his interest is decerned to pay to 
Robert Givan Tennent in Sweethope the soum of 61ib. 
6sh. 8d. Scots money for certain oats bought and receaved by 
the defender fra the complainer 3 years since In respect the 
defender being lawfully summoned oft tymes called and not 
compeiring was holden as confest. 

The which day George Hammiltoun in the Hill is decerned to Wool. 
pay to . . . Whyte skinner in Kelso 43sh. and a farthing Scots 
money for wool bought and receaved be him from the com- 
plainer ane year since In respect of the Defenders confession. 
Payed at the barr. 

The which day all Acts are renewed anent of keiping of ye Swine. 
swine and furder dischairges keiping of swyne at anyrate 
excepting within crooves and clos houses. 

Stitchill Aprylle last 1715. (ii6) 

Curia legittime affiirmata, ' '"^' ^°' 

The which day Sir John Pringle of Stitchill Knight and Bar- Debt, 
ronnett sittand in judgment hes decerned and ordained John 
Brown in Stitchill to pay to Robert Thompson ther the soume 
of six libs. Scots money borrowed and receaved be the defender 
from the complainer 6 years since or therby In respect the said 
defender being lawfully summoned oft tymes called and not 
compearing was holden as confest. 

The which day Andro Watson Margaret Lithgow Alexander Whins. 
Johnstoun Jainet Airmstrang Margaret Hopper Agnes Ker 
Robert Purves and Issobell Phaup cotars in Stitchill are ilk 
ane of them amerciat in six pence a [piece]. In respect they 
being conveined at the instance of the Procurator ffiscall for 
cutting of whins in the whinnie park efter they were dis- 
charged and the defenders being all lawfully summoned to 
have compeared this day and place oft tymes called and not 
compeiring wherfor the Judge decerned in manner forsaid. 

As also the said day George Wilson and John Millar in Not proven. 
Stitchill ar judicially absolved from the forsaid Lyble and 
complaint in respect not proven that they had taken away any 



172 



THE MINUTES OF THE 



[1715 



Baron Bailie. 



(117) 
1715, Dec. 10. 

White Nag 



Ewe Hog 4osh. 



Riving out 
balks. 



Meal. 



Bourlamen, 



whins after the prohibition. The which day John Lowrie in 
Queenscairne is appointed to be barron-baillie. 

The Court of the Lands and Barronnie of etc. upon the 
10 December 1715. Curia I. aff. etc. 

The which day John Millar in Stitchill is judicially decerned 
to content and pay to Alexander Hislop tennant ther the 
soume of 241ib. Scots money as the pryce of ane whyte naig 
bought and receaved be the defender from the complainer at 
Candlemas last which should have been payed at first day of 
May last wherof he refused payment In respect the defender 
being lawfuUie summoned oft tymes called and not compeiring 
was holden as confest. 

The which day Thomas Bosuall herd in Queenscairne is 
j udicially decerned to pay to Alison Lawrie ther the soum of 
40sh. Scots money as the value of ane eu hog lost be the de- 
fender pertayning to the complainer which was delyvered to 
the defender to be herded In respect of the defenders confessione. 

The which day the said Sir John Pringle sittand in j udg- 
ment apoynts and enacts that herafter no Tennent or possessor 
of Land rive out baulks or any part of them or any peice of 
gras ground that hath not been in use to be tilled befor As 
also that no possessor of Land herefter mow down the stubble 
of ther come land efter the corns ar reaped with the hook and 
especially that none mow the stubble of ther pies of ground 
whether shorn or unshorn under pretence that the crop failled 
and that the same was overgrown with grase under the penalty 
of 4i01ib. Scots to be payed be the transgressors such as to this 
and the artickle above of riving out balks. 

The said day Issobell Pringle in Stitchill is decerned to pay 
to William Dickson Tennent in Oxmoor 31ib. Scots money as 
ye remainder of the pryce of a stone of meall In respect of 
absence. 

The which day John Millar John Thompson Andrew Sheill 
Patrick Glasgow and Peter Grigor was addit burlamen who 
gave ther oathe dejideli. 



(118) 

1716, May 12. 



May 12 1716. 

The said day George Brown in Hare heuch was appointed 



17 1 6] BARON COURT OF STITCHILL 173 

officer for that part of the Barronnie of Stitchill which lies 
within the sherifdome of Berwick. 

The Court of the Barronnie of Stitchill being ane Head ("9) 
Court etc. upon the 3rd day of November 1716 Curia etc. '^'^' '^°''' ^' 

The which day the said Sir John Pringle sittand in judg- Carriage of 
ment bes appointed and enacted as follows : — Wheras frequent ?ooa ^" 
complaints hath been made by such as use to hire ther horses 
for money that they ar not able to cary divots from the 
remotest marches wher they are usually casten to the coat 
houses in the toun of Stitchill at the old and accustomed rate New rate?. 
of llib. Scots the 1000 ; Therfor for ease and remedy hereof 
it is appointed and enacted that in all tyme comeing so long 
as this Act stands unrescinded the manner of affiirding divots 
upon the respective tenements shall be determined as follows 
viz., for Queenscairn all along the south sjde of the hill from 
the west end of it to the east syde of infield including little 
muire lying upon the east syde of the said infield and no 
farther Item for Runningburn to the east end of Brewers acre Brewer's acre. 
and no farther Item for Fleemrigg to the east end of the bog 
lying upon the south side of the Eister Loch called Paddon Paddon Loch. 
Loch Item for the Main rig from the west end of the wester 
meadow up and down and no farther except the . . . mylne 
to which divots may , be led from the remotest part of the 
Mainrig. 

Item for the Park End anywher within the eastmost division Galalaw. 
of the Galalaw Enclosures and no farder. With this provision 
always that the Tennents possessors of these respective roums 
shall have it in ther choyce when the cast of the divots is made 
to order it in the bounds above mentioned or in the remotest 
marches ar anywher else without the said bounds or if they 
choyse this- last that the burden of carying the divots either in 
wholl or in part shall ly upon themselves at the old rate of 
lib. per 1000 but if they keep to the bounds above prescrybed 
they shall not be lyable to the burden of leading them but 
that shall fall upon the small possessors of the town who have 
horses and ar in use to let them out for hyre. The Croftheads, 
barnyard and Mayns are not here mentioned becaus the leading 
them from the remotest parts of these roums is easy enough. 



174 



THE MINUTES OF THE 



[1716 



Humebyres. 
Smailholra. 



3 pecks meal 
45s. 



Debt. 



Service to the 
Barony. 



Riot ;^s. 



Blood 5OS. 



Bound over. 



Penalty ^5, 



The which day John Millar in Stitchill is judicially decerned 
to content and pay to John Lamb servitor to John Stevenson 
Tennent in Homebyres for leading stones at Smailholm bog 
at the late work ther at Lambes byegane a yeare being employed 
he the Defender wherof he promised payment ex confesdone rei. 
Extracted 21 sh. of expenses of pley. 

The which day Peter McGregor is decerned to pay to George 
Dickson under miller at Stitchill milne the soume of 45sh. 
Scots money as the aggryed pryce of three pecks oat meall 
bought and receaved be the defender from the complainer two 
years since In respect he was lawfully summoned oft tymes 
called and not compearing was holden as confest. 

As also David Broun sklaiter is decerned to pay to the said 
George Dickson the soum of 33sh. money forsaid as the pryce 
of certain meall resting 4 or 5 years since In absence being 
lawfully summoned .to this day for that effect. 

The which day all the Tenants and cottars ar ordained to 
meit on Monday nixt at 8 in the morning with John Younger 
for adjusting his claime annent his service done to the 
Barronnie last year and appoynts intimation hereof at the 
Church Door under the penalty of 51i, for each absent. 

The which day John Miller Tennant in Stitchill and 
Margaret Turnbull his spous ar amerciat in 51ib. Scots money 
for ane Ryot committed be them on John Donaldson com- 
plainer his son and his spouse as also the said Margaret 
Turnbull is amerciat 50sh. Scots for ane blood comitted be her 
upon Issobell Haitly complainers wyfe. Eac confessione rei. 

And both parties John Millar and John Donaldson per- 
sewers and defenders are judicially enacted Mnc inde to keip 
the peace and good behaviour ane with another in tyme 
comeing that they, ther wyves children families and the goods 
geares and possessions shall be harmless and skaithless at one 
anothers hands under the paine of 51ib. Scots money for 
each transgression herof they their wyves children families 
servants shall be found guilty by and attour reparation of 
damnages. 

The which day William Turner and Agnes Younger his 
spouse and John Miller and Margaret Turnbull his spouse ar 
judicially enacted Mnc inde to keip the peace and good 



1 7 17] BARON COURT OF STITCHILL 175 

behaviour ane with another in tyme comeing That they their 
wyves children families and other goods geares and possessions 
shall be harmless and skaithless at one anothers hands under 
the pain of 51ib. Scots money for each transgression herof that 
they their wyves children families or servants shall be found 
guilty by and attour reparation of the damnages. 

November 10 1716. Court lawfully fenced. (120) 

The which day Issobell Hoggart in Stitchill is amerciat in ^^^^' ^""^ '°- 
51ibs. Scots money for certain scandalous expressions against Scandal ;^s. 
Barbara Wilson and Issobell Henderson her daughter In 
respect of her confession. 

And lykewyse the said day Issobell Henderson spous to 
Alexander Hislop in Stitchill is amerciat in 51ib. Scots money 
for scandelizing the said Issobell Hogart in her good name 
by calling her ane Common hour and affirming that she had 
parted with bairne ane twelve months since and severall other 
opprobrious expressions and imprecations In respect the Lyble 
was sufficiently proven by famous witnesses. 

The whilk day the said Issobell Hagart is ordained to find Find caution 
caution for her good behaviour with her nighbors in tyrae * ^ 
comeing under the penalty of 51ib. for each transgression. 

And lykewyse Inacts the 2 Issobell Hendersons and Alex- 
ander Hislop her husband for his interest to keep the peace 
and good behaviour with ther nighbours under the pain of 
51ib. Scots for ilk transgression. 

The which day Jennot Rutherford spous to James Wilson Debts. 
is judicially decerned to pay Margaret Broune daughter to the 
<ieceast John Brown in Stitchill the soum of 21ib. lOsh. 8d. 
Scots for the causes contained in the said decreit In respect 
the defender being lawfully summoned oft tymes called and 
not compearing was holden as confest. 

The which day Simeon Marjoribanks wright in Stitchill is Contumacy 
amerciat in llib. lOsh. Scots for speaking in Issobell Hogarts 
cause efter he was discharged. 

May 8 1717. i^^}) 

. , . . jn . 171/1 May 8. 

Curia legittime ajprmata. 

The whilk day William Hop herd to John Younger Tennent 



176 



THE MINUTES OF THE 



[i;i7 



Riot Deforce- 
ment ;^IO. 



Scandal ;^io. 



in Stitchill and Issobell Purvies spous to Robert Hogart ther 
ar ilk ane of them amerciat in lOlib. Scots money viz. the said 
William Hope for ane Ryot and the said Issobell Purves for 
ane deforcement committed upon John Lawry Barron Officer 
Ex confessione rei. 

The which day Issobell Purves above designed being persued 
at the instance of Issobell Learmont spous to Robert Purves 
in Stitchill with concurrence of the Procurator ffiscall for ane 
scandall in calling the persewer whoor theif and loun was 
amerciat in lOlibs Scots money for contumacy. 



(122) 

1717, Nov. la. 



Assoilzied. 



Going over 
hedge £S- 



Modified to is. 
stg. 6d. to 
informer. 



Scandal ;^io. 



The Court of the Lands and Barronnie of Stitchill etc. upon 
the 2nd day of November 1717. Curia etc. 

The which day anent the Lyble of scandal persued befor the 
said Judge at the instance of William Watson Tennent in 
Stitchill with concurrence of the Procurator ffiscall against 
James TurnbuU Tennant their Mentioning that when in 
August last the Defender most unchristianly slandered the 
complainer in his good name and reputation by saying and 
affirming that the complainer did remove sum march stons and 
encroached upon his possessions wherby the defender has 
comited ane slander upon the complainer and therefor ought 
to be amerciat for the said slanderous expressions And for 
proving therof the persewer adduced severall famous witnesses 
who being solemnly sworne and purged of malice and partiall 
councell deponnid negative wherfor the Judge assoilzied the 
Defender in respect the Lyble was not proven. 

The which day Joan Innes spouse to Peter Grigor in 
Stitchill is unlaid in 51ib. Scots money for going over the 
Hedge at Craig End Park In respect of her refusal to depone 
being referred be the ffiscall of the Court to her oath Modified 
to on sh. sterling besides 6d. to the informer, and 2sh. 8d. for 
the Lyble. 

The which day Joan Haliday relict of Alexander Lowry in 
Queenscairne Issabell Cramont servant to John Lowrie ther 
and Issobell Brown ar ilk ane of them amerciat in lOlib. Scots 
money and ordains them to be recited again the nixt Court 
day In respect they were lawfully summoned to this day to bear 
witness in the action of scandall persewed be Issobell Learmont 



1 71 8] BARON COURT OF STITCHILL 177 

with concurrence of the ffiscall against Issobell Purves and not 
compearing which thrie fynes are modifyed to halfe a crown. 

The Court of the Lands and Barronnie of Stitchill etc. (123) 
upon the 10th day of May 1718. Curia etc. '7'®' ^^^ '°- 

The which day Andro Aitcheson Cottar in Stitchill is Debt. 
judicially decerned to pay to William Maison Tennant in 
Neuton milne the soume of 4!3sh. Scots money as the remainder 
of certain victuall bought and receaved be the Defender from 
the complainer ane certain tym bygon In respect of the said 
.defender being lawfullie summoned oft tymes called and not 
compearing is hoi den as confest. 

The which day John Millar in Stitchill is decerned to pay Cow. 
to Alexander Gardiner weaver ther the soum of Glib. 14sh. 
Scots' money as the remainder of the pryce of cow bought 
and receaved be the said defender from the complainer at 
Mertimes last Item 5 grots as the remainder of the pryce of 
certain work with ane peck of hummel come or 8d. as the i peck hummel 
pryce therof In respect of the persewers oath being referred 
tlierto be the defender. 

The which day Patrick Millar in Stitchill is decerned and Loss of Service 
ordained either to re-enter to Alexander Gardiner weaver in*''^' 
Stitchill his service otherways to pay the soum of 121ib. Scots 
money to the complainer as damnage lybelled sustained by the 
complainer if it shall be found reasonable. 

The which day Issobell Purves in Stitchill is fyned of new contumacy 
again in lOlib. Scots for contumacy she being lawfully sum- ^^°- 
moned to have compeared this day in the action of scandall 
persewed be Issobell Learmont spouse to Robert Purves in 
Stitchill with concurrence of the Procurator ffiscall against 
her and is ordained to be cited to the nixt Court day. 

/to est attestor ego Gulielmus Pringle Notarius Publicus 
prwdict. cuj-ice cler. 

14! June 1718 Curia legittime affirmata. (124) 

The which day Robert Pringle fiar of Stitchill in absence g,bert'pHngie 
of and as having commission from Sir John Pringle of Fiar. 
Stitchill his father, sitting in judgement anent the Lyable 
persewed at the instance of Ninian Gardiner elder and 

M 



178 THE MINUTES OF THE [1718 

younger in Stitchill with concurrence of the Procurator 
ffiscall against John Millar Tennant ther, Margaret Turn- 
bull his spouse and Margaret Black his mother for bloods 
and ryots committed be them upon complainer and damnage 
sustained be the said Ninian Gardiner elder for want of his 
bees and certaine imprecations uttered be the said Defenders 
against the complainers which being called and the saids 
defenders and ilk ane of them being lawfully summoned oft 
tymes called and not compearing Wherfor the Judge unlaid 
Contumacy and amerciat ilk ane of them in lOlib. Scots for contumacy 
and ordained them to be cited to the nixt Court day. 

The which day the said Judge sittand in judgment Anent 
the Lyble persewed at the instance of the Procurator ifiscall 
against the said Ninian Gardiner elder, Alexander and Ninian 
Gardiner his sones and John Millar Tennent in Stitchill for 
Blood and ryots certain bloods and ryots committed be them and ilk ane of 
them hmic inde upon others and particularly the said Ninian 
Gardiner ther for throwing down the said John Millar and 
beatting him most cruelly to the effusion of his blood as the 
Lyble bears And the said defender Ninian Gardiner younger 
compearing personally who confest he was guilty of ane blood 
and ryot committed be him upon the said John Millar 
Wherfor the Judge amerciat him in 501ib. Scots money And 
fyne the said John Millar of new again for contumacy and 
absolves the saids Ninian Gardiner and Alexander Gardiner 
his sone in respect of ther denyall and no probation against 
them. 

(125) The Court of the Lands and Barronny of Stitchill holden 

171 , ov. IS. ^^ ^^^ j^jj,[^ ^j^g^ ^ gjj, JqJjjj pringie e^j.. upon the 15 day of 

November 1718. 
Curia etc. 
3 Stooks The whilk day anent the Lyble persewed at the instance of 

John Dickson taylor in Stitchill against Peter Grigor Tennant 
ther mentioning that when in Harvest last the said Defender 
most wrongously lifted off the ground posest be the persewer 
thrie stoucks of the complainers oats and therefor ought to be 
decerned to delyver back to the complainer the said 3 stoucks 
of oats in the defenders possession or else shew ane cause to 



17 18] BARON COURT OF STITCHILL 179 

the contrair Which being called and the defender compearing 
personally confest that he took up the corn lybelled out 
of mistake butalledged the complainer had-ane equivalent 
quantitie of his for it The veritie of which assertion he 
referred to the complainers oath who deferred it to the 
defenders and the defender having sworn upon the assertion 
above he is therupon assoilzied. 

The which day John Cairncrose herd at Queenscairne is Damchesters. 
j udicially decerned to pay to Joan Atkine spouse to Robert 
Whytlie in Darnchesters in name of Jennet Aitken her sister 
the soum of 3sh. sterling as the remainder of ane fee wrought 
be the said Jennet Atkine to the defender 3 years since with Shoes as. stg. 
ane pair of shoes or 2sh. sterling as the pryce thereof ane ell |c^"ts''"'^^" ^^' 
of harden or four shillings Scots as the pryce therof with ane 
pund of butter for greising the said Jennet her wooll or 4sh. iib. Butter 4s. 
as the pryce thereof In respect the Defender being lawfully 
summoned oft tymes called and not compeiring was holden as 
confest. 

The which day James TurnbuU Tennant in Stitchill is Shoeing. 
decerned to pay to John Smith ther the soumes of moneyeta;f4. ^^^ 
following for the causes efter specified viz., the soum of 
71ib. 12sh. Scots money as the remayn of the pryce of a cow 
bought and receaved be the defender from the complainer 6 
years since Item 41ib. money forsaid for shoeing ane pair of 
cairt wheels to the defender and mounting the rest of the 
furnitur belonging to the cairt Item 8d. for iron payed to 
Andro Inglis upon the Defenders accompt Item for ane harle 
and a brandon making in respect of the persewers oath being 
referred therto by the defender and assoilzies from the rest of 
the articles lybelled. 

1718 December 20 Curia legittime affirmata. (126) 

The which day anent the Lyble persewed at the instance of ^^'^.' °^'^' ^°" 
the Procurator ffiscall against William Japhrae Tennant in grey mare^s. 
Homebyres Alexander Knox his servant and John Wait his 
last servant and now to John Steinson tennant ther Making 
mention that wher the said defender or ane or other of them 
spuilzied and away took off the lands of Homebyres ane grey 
raair when the same was pasturing upon the stuble belonging 



180 THE MINUTES OF THE [171 8 

to Richard Archer in Home and did ryde thereon to Midle- 
stott being 7 miles distant wherby they have committed ane 
spuilzie and therfor ought to be unlaid aud amerciat and 
otherways punished for the said transgression Which being 
called before the said Judge and the said defender Waitt com- 
peiring confest the fact In respect wherof the Judge fyned him 
in Slibs. Scots for the spuilzie and injury comitted be him. 
And assoilzies William Japhrae and the rest of his servants in 
regard the said defender Wait freed them of having any 
accession to it and ther was no proof otherways against them 
And that but prejudice to the ouners claim wherever he may 
perseu the same. 
Casting Turf. The which day the said Sir John Pringle^ of Stitchill 
sittand in judgment appoints and enacts that in all tyme 
comeing no Tennent or Possessor within the Barrony of 
Stitchill cast Turff for fewell upon ground carying grass tho'' 
never so coarse such as that called Syke ground or ground fit 
for affording fail and divot for houses becaus of the prej udice 
that is therby done to the gras and also that such ground 
ought to be reserved and as much spared as possible for the 
furnisshing of fail and divot allenerly for the use of the 
houses within the Barronny as well in building new ones as 
repairing the old and that under the penalty of 51ib. Scots to 
the transgressors of this Act toties quoties but prejudice 
always to the Tennents and possessors forsaid To make use of 
the Muire ground within ther respective possessions for fewell 
and but prejudice to the Tennents of the Outsteads to 
make use of green TurfF or faill that may be necessary for 
maintaining ther dykes but this no vi^ays to be extended to the 
yards and dykes of the town nor even such of the Outsteads 
wher stones can be easily had. And therfor dischairges the 
doing any such work till the same be viewed and permission 
obtained for that end And this likewyse to be observed under 
the forsaid penalty of 51ib. Scots but this Act noways to be 
extended against such as shall cast up green turff upon their 



1 This is the last occasion on which he is mentioned as presiding at the Baron 
Court. He had begun presiding on sth September 1692. His successor was 
Sir Robert (the second). He begins on Sth November 1721. 



1720] BARON COURT OF STITCHILL 181 

grounds in order to the manuring the same and making them . 
the more fitt for bearing corne. 

Act ordaining all that keip swine to be careful to keep Keeping Swine. 
them off ther nighbours skaith under the pain of Triple 
damnages. 

The Court of the Lands and Barronny of Stitchill etc. upon (127) 
the 6 day of June 1719 yeares. Curia etc. '^''' J""* ^■ 

The which day Peter McGregor is decerned in absence to Hume. 
content and pay to Walter . . . Meillmaker in Home the 
soum of lOlib. lOsh. Scots money as the remayn of the pryce of 
ane cow bought and receaved be the defender from the com- 
plainer at Kelso Summer Fair last in respect he being lawfully 
summoned oft tymes called and not compeiring was holden as 
confest. 

The which day Thomas Smith herd in Stitchill is judicially Loss of cow 
decerned to pay to Andro Brownlees Tennant ther the soumes ^^°' 
of lOlib. Scots money of damnage sustained by the complainer 
through the Loss of ane cow pertaining to the said complainer 
by the said defenders negligence which was comprysed by the 
Bourlaemen which being referred to the Defenders oath 
whether he had thrown ane stone at the cow or not who 
refused to depone and therfor the Judge decerned in manner 
forsaid. 

The which day Alexander Gardiner weaver in Stitchill is Bees ^^3, 
■decerned to pay to George Maison tennant at Neuton miln 
Slibs. Scots money or the value of the bees and work lybelled 
which came off from Neuton milne to ane skep belonging to 
the said defenders upon the first of June instant. 

Act dischairging the use of the old road betwixt Croftheads Trespass. 
and Queenscairn ground as a parcell of ground marching with 
Queenscairn upon the eist syde of Croftheads is enclosed that 
severall persons doe pas thro' the saids grounds upon pretence 
of the said Road Therfor the Judge dischairges any passing 
ther in all tyme coming under penalty of fyve pounds Scots 
for each transgression toties guoties. 

The Courts of the Lands and Barronnie of Stitchill etc. upon (128) 
tlie 18 day of May 1720. Curia etc. "".°' ^'^'' '^' 



182 



THE MINUTES OF THE 



[1720 



Riot and De« 
forcement. 



Penalty ;^io. 
modified to 5 
groats and 505, 



Contravention 
of Arrestment 



Whins. 



The which day anent the Lyble exhibited the last Court 
day at the fBscalls instance against William Lawrie and 
Alexander Garner of a Ryott comitted by them and some 
others on which the probation was laid and the same being 
delayed in respect to the said Lawrie and Garner and being 
reconsidered finds the saids persons guilty of fighting baiting 
one of other by the deposition of John Younger finds Alex- 
ander Garner guiltie of baiteing the saids William Lawrie 
deposition of James TurnbuU and by the said deposition 
William Lawrie guiltie of ciseing of the constables staff 
traileing him with itt and pulling it out of his hand which 
facts being laid together finds the deposition prove the Ryot 
in general against them. Therefor amerciats them each in 
lOlib. Scots money modified the said fyne as to William 
Lawrie to 5 groats and as to Alexander Garner to 50sh. Scots. 

The which day John Millar Tennent in Stitchill acknow- 
ledged the arrestment by the officer and likewise his contra- 
vention but pretended he was ignorant of the haizard therof 
having come lying in the mylne for one halfe in the kill and 
the other halfe in the barne repets this his defence and the 
fact being proven by his own confession amerciats him in Ten 
pounds Scots. 

The which day William Lawrie gave in a syned accompt of 
severall artickles extending to 61ib. 12sh. Scots which being 
referred to his oath of verity he therupon deponed and owned 
that in the articles about sheveing he owned to the Per- 
sewer Alexander Garner halfe ane years service takes of lOsh. 
Scots of the account and attour the rest of the articles to com- 
pence with the claime above written and therfore assoilzies 
the defender from the same. 

Act dischairging all persons within the Barronny of Stitchill 
to cutt or pull whinns upon the grounds of Homebyres or 
generally any other places within the said Barronnie without 
the Tennent's libertie under the paine of 51ibs. Scots toties^ 
quoties and allows the Tennents to take at ther ain hands 
from the cutters any instruments they may have with them 
for that end. 



. (129) 

1721, Nov. 8, 



The Court of the Lands and Barony of Stitchill holden 



1722] BARON COURT OF STITCHIIX 183 

within the Kirk therof be Sir Robert Pringle of Stitchell 
Knight Barronet upon the 8th day of November jajvij" and 
twenty one yeares. 

Curia kgittime qffirmata. 

The which day John Ker tennent in Stitchill is decerned to Service. 
pay to Thomas Robertson the sum of three pounds Scots as 
ane half years service which was made to him by the said 
complainers daughter. 

The which day anent the Lyble persewed at the instance of Dyer. 
William Muirhead servitor to John Scot Dyster in Stitchill 
absolves the defender in respect of his denyall and noe pro- 
batioun against him. 

January ye 26th 1722. (130) 

The Courts of ye Lands and Barony of Stitchill holden 1722. January 26. 
within ye kirk therof be Sir Robert Pringle of Stitchill Knight 
Baronet upon ye 26th day of January 1722. 

Curia legittime afflrmata. 

The which day John Brown is decerned either to take back Apprentice. 
Thomas Pearson his apprentice and fullfill his Indentures [or 
to repay] ye ten pounds Scots to Thomas Pearson his father 
which he got as part payment of ye Prentice Fee. 

The which day Jasper Atchison workman in Stitchill is Andrew Whale. 
decerned to make payment to Mr. Andrew Whale ^ School- 
master there the sum of one pound twelve shillings Scots 
money as ye remainder of a greater sum borrowed by ye 
defender and was holden as confest in respect of his not com- 
pearing. 

The which day John Scot dyster in Stitchill Mill is per- Coais-ieading 
sonally decerned to make payment to Issobell Baillie widow of"" ^^' 
ye deceast John Donaldson tenent in Stitchill the sum of 
thirteen pounds four shillings Scots money and that for coals 
leading and Hay brought from ye complainer in respect of 



' Son of Andrew Whale, farmer, Yetholm Mains. Born 1694, died 1752. 
Became schoolmaster of Earlston about 1730. 

Lancelot, his son, became rector of the grammar-school at Kelso, and 
schoolmaster to Walter Scott. Robert Whale, son of Lancelot, became 
surgeon in the Army. He died and is buried at Lyne, where his father was 
then schoolmaster. 



184 THE MINUTES OF THE [1722 

his being lawfully summoned called and not compearing was 

holden as confest. 
skaith to coat The which John Scot dyster in Stitchill is decerned to pay 
orcotp]. ^^ John Hamilton meall-maker ther the sum of one shilling 

sterling for cost skaith and damnage sustained by ye persewer 

and is referred to ye nixt Court day for a Ryot committed be 

ye defender. 

(131) July 26 1722. 

1722, juy 2. rpj^^ which day George Hamilton and George Atchison 
Tennents and merchants in Stitchill is amerciat each of them 

breakingdykes ^" °°^ shilling sterling for pulling and cutting of rottins and 
breaking down of dykes. 

Whins. Act anent Whins : — Notwithstanding of former Acts That 

whatever person or persons shall cut or pull whins within ye 
parish of Stitchill they are to pay for each backfull one halfe 
pennie and for each horse load two shilling Scots toties quoties 
and that from ye first of November to ye first of August and 
if without ye said space they doe cut or pull they are to be 
lybell for the fine which is statute and ordained in ye former 
Acts. 

(132) February 18 1723. 

ivs^ FsId 18 

The Court of ye lands and Barony of Stitchill holden 
within ye Kirk therof be Sir Robert Pringle of Stitchill 
Knight and Bart and day and date above. 

Funeral debts. The which day John Scott dyster in Stitchill walk-mill is 
decerned and ordained to pay to George Atchison merchant 
in Stitchill the sum of three pounds eight shillings Scots 
money for goods receaved for ye use of ye defenders mothers 
funerall. 

do. The which day John Scot dyster in Stitchill walk-mill is 

judicially decerned to make payment to John Underwood 
Wright in Stitchill two pound eighteen shillings and eight 
pennies Scots money for an coffine, Bell,^ graff-making. 



^ This means ringing the dead-bell to announce the death of a person ; pro- 
bably the small hand-bell, not the church bell. 



1723] BARON COURT OF STITCHILL 185 

February 21, 1723. ('33) 

The Court of ye Lands of ye Barony of Stitchill holden 
"vvithin ye kirk therof be Sir Robert Pringle of Stitchill. 

The which day anent ye claim persewed be John Scott Riot ;£'io. 
dyster in Stitchill mill against John Lawrie tenent in Stitchill 
for a ryot committed by him. The defender was allowed this 
day to aduce witnesses for his exculpation The persewer 
being called, ye complainer John Scott being absent is sup- 
posed to have deserted ye dyet against ye defender therfor 
assoilzies him from any claim of damnages he may pretend to 
by being beat by ye defender but ye defender confessing ye 
beating of ye persewer and being found guilty is decerned to 
pay ten pound Scots of fine. 

The which day anent the claim persewed be William Muir- Half year's 
head servant to John Hamilton Dyster in Ednam against ^^""^^ ^^*" 
John Scot Dyster in Stitchill for twenty four pounds Scots as 
^ages for ane halfe years service wrought for be said com- 
plainer and finding the said defender to have an account upon 
the said persewer consisting of severall articles and there being 
only made appear to be due to the said persewer the sum of 
fifteen pounds ten shillings Scots the Judge ordained him to 
be poinded for the same and in regard the defender alledged Poinded. 
that he could aduce witnesses to prove the rest of the articles 
contained in his charge reserves action to him for that effect 
as accords. 

May 17 1723. (134) 

The which day Alexander Gardiner weaver in Stitchill g^fi|; *^ ^'' 
complainer anent the claim persewed against Patrick Millar 
merchant ther is decerned and ordained to make payment to 
the said complainer the sum of eight pounds Scot money by 
Bills drawn upon and accepted by him. 

The which day anent the claim persewed by the Procurator Whins. 
ffiscall against Rodger Dickson, Janet Dods, Henry Gill, 
Agnes Cuthbertson, I^iilly Fairbairn, John Richardson, Issobell 
Tait, John Halloe, Alison Halie, Issobell Hagger, Margaret 
AVood, Alexander Gray, Robert Waddell, Gideon Davidson, 
Andrew Watson, Margaret Tayler, Janet Smith, John Browne, 
Agnes Madder, Margaret Donaldson, and Margaret Scott, for 



186 



THE MINUTES OF THE 



[1723 



Meal. 



Lintseed. 



Scandall. 



pulling and cutting of whins which being against the Acts of 
the Baron Courts each of the above persons is decerned in 
twelve shillings Scots and likewise amerciat in twelve shillings 
Scots money forsaid for Contumacie. 

The which day Jean Greig indweller in Stitchill and William 
Muirhead for his interest is decerned and ordained that they 
make payment to John Miller ther the sum of five pound 
eighteen shillings Scots for meal bought from the complainer 
and receaved by the defender. 

The which day John Scott Dyester in Stitchill is ordained 
to make payment to James Litel merchant in Hume the sum 
of two pound Scots for Lintseed. 

The which day anent the Lybell persewed by Jean Gray 
against Janet Armstrong for scandall and in regard the per- 
sewer could not prove the same assoilzies the Defender. 



(135) 

1723, Nov. 30. 
Riot £so. 



1723 November 30. 

The which day Sir Robert Pringle sitting in judgment 
decerned and ordained James Broomfield and Thomas Ander- 
son servants in Homebyres for a ryot committed on each other 
in fifty pounds Scots. 



(136) 

1724, May 19. 
Claims. 



1724 May 19. 

The which day anent the claim pursued by Thomas Trotter 
servant to Sir Robert Pringle of Stitchill against James 
Aitchison there for six pounds six shillings Scots as the pryce 
of a certain quantity of meal due to the pursuer by the de- 
fender and the said defender being lawfully summoned and not 
compearing decerns him to make payment of the above charge. 

The which day Jasper Atchison in Stitchill is decerned and 
ordained to make payment to Will Wilson servant to John 
Given tennent in Sweethope the sum of seventeen pound 
fourteen shill. Scots money as the remainder of the price 
of the pursuers growing. 



(137) 

1724, Nov. 7. 
No lybel. 



1724i November 7. 

The which day Sir Robert Pringle of Stitchill sitting- 
in Judgment and no Lybell being brought in before hira. 
adjourned till next term. 



1 725] BARON COURT OF STITCHILL 187 

1725 May 18, (\38) ^ 

The which day Jasper Atchison in Stitchill pursued George Resurrection- 
Hamilton younger there for scandal in speaking publickly '^'^ ^ '' 
that he had helped up with the dead ^ whilk being called and 
purged of malice and partial counsell viz. Andrew Burn in- 
dweller in Stitchill and John Watson there, and Robert Scott 
there, and not proveing the same as whereof the defender. . . . 

The which day anent the Lybell pursued by Alexander Estate of 
Gardiner weaver in Stitchill and eldest lawfull son to the ^'^^ ' ' 
deceast Ninian Gardiner weaver there, with concurrence of his 
sister upon Ninian Gardiner lawfull brother to the pursuer 
that whereas the effects of the deceast Ninian are yet in the 
hands of the Defender requires that an equal division may be 
made of the effects the Defender craves another day to adjust 
his accounts the Judge finding the same relevant granted it 
and allowed them the next Court day. 

The which day George Hamilton, David Hogarth, John Non-payment 

,,.„ ■, • . , . -r , -r.. 1 1 c^. n/r • • of Schoolmaster 

Miller, James Aitchison, John Richardson, bimon Marjori- los. penalty. 
banks, Joan Innes, and Alexander Hyslop indwellers in 
Stitchill were decerned and ordained to make payment to 
Andrew Whale schoolmaster there, of their several sallaries 
and likewise were amerciat each in the sum of ten shillings 
Scots for not due payment of the same as is enacted in the 
Barony Court Books. 

1725 May 18. (\39) 

, , . 1725, May 18. 

The which day anent the Lybell pursued by Jasper Atchi- Removing 
son in Stitchill against John Stevenson wright there for ™"'^ 
removing of some March stones that were sett by the Burlaw- 
men betwixt their yards the Judge remits the complaint to 
the said Burlawmen and ordains them to inspect the ground 
and to make a report the next Court day. 

The which day anent the claim pursued by John Stevenson Keep the peace 
wright in Stitchill against James Atchison there, for swearing ^'^°' 
that he would put a pen-knife in him, the same being proven 
against the defender by Margaret ffairbairn in Stitchill and 
Margaret Henderson there, they being purged of malice and 

' This appears to be an allusion to the trade of the resurrectionist, or possibly 
to some form of summoning the spirit of the dead. 



188 THE MINUTES OF THE [172S 

partial counsell, decerned the Defender in Ten pounds Scots 
and likewise ordains him to enact himself in the Baron Court 
Books of Stitchill to keep the peace with the complainer John 
Stevenson and that him and his family shall be keep skaithless 
by him and any of his family fact and deed and this under the 
penalty of fifty pound Scots. 

(140) 1727 Stitchill November 6. 

Clerk, °^' " John Lawrie Tennent in Queenscairn sitting Judge. There 
was introduced by Charles Potts Nottar in Kelso ane Commis- 
sion from Sir Robert Pringle of Stitchill to be Clerk of said 
Barony which was read and he gave his oath defideli. Charles 
Potts; John Lawrie. 

Officer. Thereafter John Underwood wright in Stitchill was nominat 

Officer of ye said Barony who being present accepted thereof 
and gave his oath defideli. John Underwood ; John Lawrie. 

Adjourned. Thereafter the Court lawfully fenced and affirmed in the 

usuall manner and all actions were called find them adjourned 
to the next lawfuU wairning. John Lawrie. 

Commission to Followes the Commission granted to the said Charles 

Charles Potts, p^ttg ._ 

Stitchill 8th November 1727. 

Haveing occasion for ane Clerk to the Barrony of Stitchill 
and haveing ye experience of your qualifications for exerceing 
that office; These ar therefore authorising and impowering 
you Charles Potts Nottar in Kelso to be Clerk of ye said 
Barrony of Stitchill with all priviledges thereto belonging and 
to execute and exerce the said Office of Clerkship from this 
date with the usuall priviledges as any former Clerk did or 
might have done and the emoluments and perquisites whereto 
belonging to apply to your own propper use and this to con- 
tinue dureing my pleasure for doeing whereof This I declair to 
l)e ane sufficient warrant and Commission from (signed Robert 
Pringle) to Charles Potts, Nottar in Kelso. 

(141) Stitchill 14th November 1727 Court for ye Penall Statutes 

*^ ' ' ' and other Actions called. 



The forty The Account of the Fourty Husband-lands in Stitchel con- 

form to the several Divisions thereof enacted in the year 1715: — - 



1727] BARON COURT OF STITCHILL 189 

Queenscairn four lands. 

Runningburn, two lands one quarter. 

Fleemrig or South Quarter, two lands one quarter and an 
half. 

The Mains, three lands and an half. 

The Fourth Acres, one land and an half. 

Three Akers of Kirk Land lying within the ground of the 
said half. 

Fourth Akers of land being one quarter of land. 

A piece of farm land lying between the carter gate and 
Orchard road one quarter and. a fourth part of a quarter. 

Croftheads, one land and a half. 

The Croke Quarter, two lands and a half. 

That piece of Outfield called the Eighteen Rigs, half a 
quarter, and the fourth part of a quarter. 

The Kirklands with Caldron Brae, three quarters ; the said 
Caldron Brae being estimate an aker, of the said three 
quarters. 

The Westend of the Fourteen Lands, of which that piece 
of Smithy land called the Long Riggs makes one land. 

Croft Hilly, broad acres and grass riggs one quarter and a 
half. 

Amers Knows, lying within the said west end, half one 
land. 

Likewise lying in the said west end in the Ten Lands above 
mentioned are comprehended the two husband lands and a 
half of the Main Rigg and three quarters of the Miln. 

The Over town of Stitchill ten lands which are included in 
the inclosers of the Park End, of the Craig End, and others 
about the House of Stitchill with the East Craig and a small 
piece of the East Craig End set into the Croftheads as also 
Sweethope. 

Conform to this Division the several Tenements as pos- Schoolmaster's 
sessed at present pay of the Schoolmasters Salary as follows ^ ^'^^ ^^^^' 
at the rate of one pound Scots upon each husbandland : — 
Queenscairn four lands . . . . 4 00 00 

One quarter and a half of the Overtown Eastrig 07 06 

4 07 06 



190 



THE MINUTES OF THE 



[1737 



Flemripr and 
South Quarter, 



Runningburn. Runningburn, Merlaw Bank two lands and ane 

quarter . . . . . 2 05 
Eighteen Rigs and half quarter and fourth part 

of ane quarter . . . . 03 9 

Fourth part of one acre in the Croke . . 00 10 

The half of the Croke outfield half one land . 10 00 

The Kirklands three quarters wanting an acre . 13 04 

Runningburn, sum . . 3 14 11 

Flemrig and South Quarter, two lands one 

quarter and half, . . . . 2 07 06 

Half of the Croke outfield, . . . 10 00 

An acre of Kirklands called Caldron Brae . 01 08 

A piece of the Croke infield called ye Bulle, 

estimate to an acre . . . 01 08 

The half of that piece of the Croke infield lying 

upon the west end of Oatrig . . 00 10 

Flemrig, sum, . . , 3 01 08 

Infield Croke. Infield Croke, quarter one husband land one 

quarter and half a quarter, sum, . ,17 11 

Mains, three lands and a half, sum, . . 3 10 00 

Ten half fourth acres at 2 shill. per half, . 1 00 00 

Two acres within the said half fourth acres pos- 
sessed at present by Adam Henderson and 
George Hamilton, sum , , 03 04 

Land lying between the Carter gate and Orchard 
road one quarter and one fourth part of a 
quarter, possessed by John Underwood, one 
acre . . . . . 01 08 

By John Brunton the rest, . , . 04 07 

This ground, sum . . 00 06 03 

Croftheads one land and an half . . 01 10 00 

Croftheads. With one half quarter of the overtown east 

craig and near half an acre of the craigend 00 03 06 

Croftheads, sum . . . 01 13 06 



Carter Gate 
and Orchard 
Road. 



173";] 



BARON COURT OF STITCHILL 



191 



01 00 00 



A Parcel of ground in the West End of Nether 

Stitchel called Longrigs 
Bailies knowe or Barn yards five lands three 

quai'ters west end of nether Stitchill 
Amors Knows half of ane land . 
Miln land with a parcel in ye Angry Croft an 

quarter and a half .... 
Six half fourth acres with an acre among them . 
Three quarters of an land in the west and east 

into the Miln .... 

Bailis Know, sum 

Mainrig two lands and an half in the west end 
of Nether Stitchill. Mainrig sum, 

Parkend being part of the ten lands in the Over- 
town being an husband land and an . half a 
quarter and an half quarter 

Sweethope two lands, sum, 

The inclosures lying east from Stitchill hill being the rest of Inciosures. 
the ten lands in the Overtown, Oxcroft, the east Craig, and 
the small parcel above mentioned ; at present let into 
Queenscairn and Croftheads, 

Inclosures, Craigend, sum, . , . 5 11 6 



05 
00 


15 
10 


Baillie Know 

00 
00 


00 
00 


07 
13 


06 
08 


00 


15 


00 


08 


01 


02 





10 


Mainrig. 

00 






Park End. 


01 


17 


06 


02 


00 


00 



1735 May 13. (142) 

William Atchison, Runningburn, Alexander Sim, John ^''^^' ^^^ ^^' 

Hamilton, Robert Heymers in Stitchill were added to the 

number of Birlymen and gave their oath dejideli. 



(143) 



1735 Stitchill October 9. 

The qlk day and place there was an Court of the 9th day i73S."o<:t. 9. 
in the Barony of Stitchill holden by Sir Robert Pringle 
heritable proprietor of the said Barrony. 

The which day Ninian Gardiner weaver in Stitchill was at Order to 
the instance of the Procurator fBscall indicted of several '^^'"°^''' 
theftuous actions said to be committed by him at several 



192 



THE MINUTES OF THE 



[1735 



times and different places anent which several witnesses being 
examined the further consideration therof was referred to the 
next Court And in the meantime he was ordained to find 
caution for his good behaviour till Whitsunday next qlk time 
he is ordered to remove himself and family out of the 
Barrony. The qlk day also Mr. John Beveridge present 
schoolmaster in Stitch ill was chosen Clerk of Court. 



• (144) 

173S1 Nov. 8. 



1735 Stitchill November 8. 

The which day and place there was a Head Court of the 
Barrony of Stitchill holden by John Laurie tennent in Queens- 
cairn Bailie of the said Barronny. Curia legittlme affimiata. 

The which day Matthew Short servant to John Smith in 
Caldron Brae is judicially decerned to pay to John Dickson in 
Stichell the sum of two shillings sterling. 

Anent Ninian Gardiners affair he is ordained to have a Bond 
of Cautionry for his good behaviour ready within a fortnight. 



(145) 

1735, Nov. 22. 



Yarn. 



Linen web. 



Claim. 



1735 Stitchill November 22. 

Curia legittime qffirmata. 

Ninian Gardiner is decerned and fined in ten pounds Scots 
for being guilty of a riot and beating Margaret Henderson 
spouse to James Leithead, taylor in Stichell to the effusion of 
blood ex confessione rei. Thomas Hamilton in Mainridge is 
decerned to pay two pound two shillings Scots to Thomas 
Peirson weaver in Stitchel being the remainder of a Bill 
granted to him by ye said Thomas Hamilton. 

As to the Lybell pursued by Margaret Henderson spouse to 
James Leithead in Stitchill against Ninian Gardiner weaver 
there, Importing that the said Ninian has six Slyes of her 
yam in his possession which he refuses to deliver, the Defender 
promises to give up the said yarn if two tradesmen may be 
set to value linen web which he formerly wrought which he 
agreed to and John Brown and Robert Waddell weavers in 
Stitchill added to the Birlymen for that purpose and gave 
their oaths dejideli. 

Robert Taylor servant to John Millar in Stitchill Miln is 
decerned to pay six pounds ten shillings Scots to Margaret 
Haitly in Hume. 



1737] BARON COURT OF STITCHILL 193 

James Richardson servant to Mr. Walter Scot in Bailly assoilzied. 
Know is assoilzied from the complaint of Robert Bruntfield in 
Hume who pursued him for fourteen pound 18 shillings Scots in 
regard he deponed in the negative therof when it was referred 
to the Court. 

1736 May 15th. (146) 

Curia legittime affirraata. ^^^ ' ^^ '^' 

Anent the Complaint given in by Mr. John Beveridge Baiiiie Know. 
schoolmaster and William Donaldson indweller in Stitchill 
against Mr. Walter Scot tennant in Baillie Know for eating 
their comes in winter last by his sheep the same is referred to 
the next Court day. 

Robert Wilson indweller in Stichill is decerned to pay two 
pounds eleven shillings Scots to William Marshall in Stichill 
as also one peck of oats and eight fathom of ropes all which Oats and ropes. 
upon his own confession is due. 

As also William Marshall is assoilzied from a complaint of assoilzied. 
the above Wilson in regard to the Pursuer refuses to give his 
oath upon the verity of the complaint only three lib. weight of 
iron which said complainer charges and is referred to two men. 

1736 November 6. (147) 
Curia kgittime affirmata. '^^ ' 
Mr. Walter Scot in Bailly Know is decerned to pay Skaith. 

Mr. John Beveridge and William Donaldson for the skaith 
receaved by his sheep yet superseding the extract of said 
decreet till next Court against which time Mr. Scot is allowed 
to prove that other peoples sheep were in that skaith as well 
as his He having desired time for that effect. 

1737 StitchiU March 14. (148) 
Curia legittime affirmata. '737. March 14. 
The which day in consideration that Arthur Sim late Fugitive. 

indweller in Stichill is fled and absconded and that he is rest- 
ing several sums of money to different persons in the Bounds. 
Therefore the several persons putting in and proving their 
respective claims The effects left be the said Arthur Sim are 
ordered to be rouped and the money raised from their sale roup. 



194 THE MINUTES OF THE [17 37 

applied to the payment of the said debts by the Bailie of the 
Barrony. 

(149) 1737 May 12 Stitchill. 
1737. ay 12. Curia legittime affirmata. 

Mr. Scot fails. Anent the cause betwixt Mr. John Beveridge and William 
Donaldson pursuers and Mr. Walter Scot defendant the said 
Mr. Scot failzies to prove that any- sheep besides his own were 
in their skaith the pursuers are allowed to extract their 
decreet and put it into execution. 

Debt. John Davidson servant to John Laurie in Queenscairn is 

decerned to pay Mrs. Inglis in Kelso the sum of nine shillings 
and six pence sterling as the remains of an account due by 
him to his by his own confession. 

School fees. Catherine and Issobell Gotterstons, Alison Hoggart, Will 

Wilson, and Robert Thomson all indwellers in Stichill are 
decerned to pay to Mr. John Beveridge the following sum of 
school pay or wages due to him for teaching their children 
viz., — Catherine Gotterstone four lib. thirteen shillings four 
pennies Scots ; Isobell Gotterstone six lib. thirteen shillings 
four pennies ; Alison Hoggart four lib. ; Will Wilson two lib. 
thirteen shillings four pennies ; Rob Thomson one lib. six 
shillings eight pennies. 

Kail. Mr. Walter Scot in Bailly Know is decerned to pay to John 

Brown weaver in Stitchill the sum of one lib. fourteen shillings 
Scots of an apprisement of Kail destroyed to the complainer 
by ye defenders sheep. 

Complains. ^^- Walter Scott in Bailly Know complains upon John 

Cairnscroft his late servant in ten particulars, the considera- 
tion therof is referred to the 14th current. 

(150) 1737 Stitchill May 14. 
i737i May 14. Curia legittime qffirmata. 

Anent the complaint exhibited last Court day by Mr. Scot 
against John Cairncroft witnesses being examined upon the 
several particulars which being considered together with the 
defenders acknowledgments he the defender is decerned to pay 
to the pursuer fourteen lib. thirteen shillings Scots in lieu of 
all damnages and so is assoilzied upon his payment. 



1738] BARON' COURT OF STITCHILL 195 

John Davidson servant to John Laurie in Queenscairn is 
decerned to pay to Mr. Scot in Bailly Know the price of his 
two Bolls fourfyrlots oats ten capful of barly of an apprise- 
ment and two hogs lost by him to ye said Mr. Scot. 

1737 Stitchill. November 8; ', ' (151) 
Cutia legittime' qfflrmata. ' '^^^' °^' ' 
The several Vassals and tennents being called compeared in 

the Court themselves or proxies. 

' 1737 December 24). (152) 

The qlk day the effects belonginarto the deceast Janet '^^''' °^'^' ^'*' 

Sale of effects. 

Armstrong were exposed to publick roup at the instance of 
the Barrony of Stitchill for the use and behoof of James 
Currie her grandson being under age The Barronny having a 
right to her effects in regard she had been sometime main- 
tained at their charge as one of their poor. • 

1738 Stitchill May 13. . (153) 
CuHa legittime qfflrmata. '738, May 13. 
John Dickson and Thojrias Hyslop both in Stitchill are Scandalous 

amerciat the first in ten pound the other in .five lib. Scots '^"'• 
with Modification as the Judge shall think fit for scandalous 
language used to one another. 

1738 Stitchill May 27. ' " (154) 

Curia legittime affirmata. '''^^' ^^"^ ^''' 

Thos • Hyslop is decerned to pay to John Dickson three 
shillings six pennies sterling. 

: 1738 Stitchill November 11. . (jss) 

Curia, legittime qfflrmata, ^^^ ' 

John Millar milner in. Stitchill Miln as executor to William Fees. 
Millai- his brother late, tenant in Henderside is appointed to 
pay the .general persons following their fees as having been 
servants to his deceast brother viz. Robert Thomson in Stitchill, 
George Ladla in Ednaria, 'Robert Alexander in Kemflat, Alex- 
ander Hyslop in Stitchill is ordained to pay six pounds Scots 
as the remains of a Bill due to John Dason tenant in Harper- 
town. . ' .' ' ■ 



196 



THE MINUTES OF THE 



[1739 



(156) 

1739, May 10, 



Debts. 



1739 Stitchill May 10. 

Curia legUtime affirmata. 

Robert Aymers in Stitchill is ordained to pay twenty 
pence to Will Donaldson Hassingden, John Millar in Stitchill 
Miln is also ordained to pay fifteen lib. Scots to Ralph Cannon- 
head in Edenmouth as fees due to him by Will Millar late in 
Henderside brother to the said Millar. Also the said John 
Millar ordained to pay six lib. four shillings Scots to And. 
Swanston in Hume upon the same account. 

James Hall in Stitchill is decerned to pay three shillings 
six pennies Scots to Will Donaldson in Hassingden and Alison 
Scot in Stitchill ten shillings six pennies Scots, and Alexander 
Hog there one lib. twelve shillings Scots to ye said Will 
Donaldson. 



(IS7) 
1739, Nov, 10, 



1739 Stitchill November 10. 

Curia legittime affiiynata. 

Ane Head Barron Court holden at Stitchill be ye Right 
Honourable Sir Robert Pringle Baronet heritable proprietor 
of the lands and Barrony of Stitchill compeared the whole 
tennants and cottars within the said Barrony and took Instru- 
ments upon their compearance. 



(158) 

1739, Nov. 13. 
Debt. 



1739 Stitchill November 13. 

Ane lawfully fenced Court John Lamb indweller in Stitchill 
is decerned to pay Will Johnstone indweller in Hume, the 
sum of two pounds Scots principall and eight pence of 
expenses of pley. 



Teinding. There was also a complaint by John Lawrie against John 

Underwood and Alexander Linen setting forth that when 
they were teinding the pease Harvest last, Peter Glasgow, 
Alexander Sim, and James Thomson refused to lead away 
some of said teind that was already drawn which the de- 
fenders acknowledged alledgeing for their excuse that every 
one of them had led more than their share Which defense 
was repelled, in regard that there was neither draughts upon 
the field at that time, and that they are allowed to act as 
accords against any of the Town that had not sufficient 



1745] BARON COURT OF STITCHILL 197 

draughts for leading away their proportion of Teinds 
and each of the three are therefore amerciat in half a 
crown to be applied for the use of the Town in repairing 
highways etc. 

1740 Stitchill November. (159) 

The which day and place ane Head Court of the lands and '^'*°' 
Barrony of Stitchill was holden by the Honourable Sir Robert 
Pringle. 

Curia legittime ajfirmata. 

The said day John Smith Schoolmaster at Stitchill was 
appointed clerk of the Barron Court. 

1740 Stitchill November 8. (160) 

The which day ane Head Barron Court holden in the ^ ' 

Cliamber of Nether Stitchill by George Laurie the Barron 

Bay Hie of the place. 

1744 Stitchill November 10. (161M 

, 1744, Nov, 10, 

The which day was holden an Head Barron Court in the 
Chamber of Nether Stitchill . by the Honourable Sir Robert 
Pringle. 

The which day the Barron appointed George Laurie tenant 
in Queenscairn to be Barron Bailie in room of the deceast 
John Laurie late Bailie of Stitchill. 



1744 Stitchill November 10. (i6i2) 

1744. "■ 

Lint. 



The which day the said Sir Robert Pringle sitting in judg- ^^**' °^' '°* 
ment discharges Act anent all Residenters in the Barrony of 
Stitchill to dress Lint themselves or by others either by beat- 
ing, rubbing, swingleing, drawing or heckling with candle- 
light (dressing) and likewise the drying of it at the fire by day 
or night under the penalty of twenty lib. Scots toties quoties 
if they shall transgress as above. 

1745 Stitchill November 23. (162) 

The which day ane Head Barron Court was holden in the 
Chamber of Nether Stitchill by the Honourable Sir Robert 



198 THE MINUTES OF THE [i745 

Pringle of Stitchill Knight Barronet Heritable Proprietor o£ 
tiie Lands and Barrony of Stitchill. 

The which day James Brown and John Smitton tennents 
in Stitchill were chosen Burlawmen of the said Barrony 
and gave their oath de fideli. James Brown ; John Smitton 
his mark. 

(163) 1748 Stitchill January 5. 

174 . Jan. 5- ^^ ^ Barron Court held here this day Agnes Laidlaw 

claimed a chest from Alexander Gray that belonged to her 
deceast mother in which was something of her own and her 
Motlier's Which chest the said Alexander, Gray detained till 
he should be payed a certain part of the wages due by James 

Apprentice Fee. Laidley her son as apprentice fee for the said Mother being 
cautioner in the Indentures. Parties being fully heard and 
the affair delayed to another Court day George Dickson 
offered to be caution to Alexander Gray for the ten shillings 
sterling claimed as above providing the ^aid Agnes Laidley 
might have the chest above mentioned Which the said Alex- 
ander Gray accepted of and accordinglj' by appointment of 
the said Honourable Sir Robert Pringle sitting Judge, the 
said George Dickson enacted. himself in the Court Book to 
pay the above claim of ten shillings sterling to Alexander 
Gray in case the same shall be found due and accordingly 
the chest was ordained to be given up to the said Agnes 
Laidley and the Indentures delivered to said George 
Dickson. 

. (164) 1748 Stitchill November 9.^ 

1749. ov. 9. When a compearance was made by the whole householders 
or their procurators at their Barron Court. 

' This was the first court held after important modifications had been made 
upon the jurisdiction of Baron Courts. By an Act passed in the reign of 
George II. it was enacted that, from and after the 25th March 1748 no heritor 
of lands in Scotland, erected into a Barony, or granted with lower jurisdiction, or 
their Bailies, shall have any jurisdiction in capital cases ; and no such Biron or 
other heritor infeft cum curiis, or their Bailies, shall have any jurisdiction in 
any criminal cause, other than assaults, batteries, or smaller crimes, for which 
. the punishment shall not exceed a fine of one pound sterling, or setting in the 
stocks in the daytime ; which fine shall be recovered by poinding or by imprison- 
ment not exceeding one month. The Earon was also to enter into a book, to 



17SO] BARON COURT OF STITCHILL 199 

Robert Brown schoolmaster in Stitchill was appointed 
Clerk of the said Barrony. 

In regard of the scarcity of half pennies it was enacted that Halfpennies 
none of the tenents or householders shall for the future be ^''^'"'^' 
obliged to pay more than one halfpenny for their compearance ; 

ot Instrument money. 

It is further enacted that none within the Barrony cast any 
divots for houses which they put up themselves. 

1749 Stitchill May 10. ^ (165) 

This day George Linin gardener in Stitchill was appointed 
clerk to the Barron Court and Thomas Underwood wright in 
Stitchill producing a Commission from Sir Robert Pringle to 
be Officer thereof the same was admitted. 

1749 Stitchill November 11. (166) 
Sir Robert Pringle sitting himself present appointed David ^ °^' "' 

Forrest Clerk of this Barron Court. 

It is appointed that this Barron Court be observed hence- 
forth upon the Saturday immediately preceding the Terms of 
Whitsunday and Martinmas without any further intimation. 

1750 Stitchill May 12. (167) 
Baron Court held. Curia kgittime affirmata. '^^°' ^^'^ '^• 
Sir Robert Pringle himself being present. Thomas Under- 
wood Wright in Stitchill and John Hay weaver there were 
nominated and appointed Burlawmen in this Barrony having 

taken the oath dejideli admmistratione officii. 

1750 Stitchill May 25. (168) 

Curia legittime afflrmata. '^^°' ^^ ^^' 

The which day Nathaniel Middlemost was discerned his Sequestration. 
crops and other household furniture sequestrate and put into 



be kept by the sheriff clerk of the county, the house or place he is to make use of 
for a prison, and that every such prison shall have windows or grates open to 
inspection from without, to facilitate visits from friends. As regards civil causes, 
it was not to be lawful for the baron to judge in causes where the debt or 
damages exceeded forty shillings sterling, other than to the effect of recovering 
rents, multures, or services from his vassals and tenants (20 Geo. 11. c. 43); 



200 THE MINUTES OF THE [1750 

the hand of Sir Robert Pringle Bart, of Stitchill for payment 
of his rents legal formalities having been observed. By George 
Laurie Bayllie, 

(169) 1750 Stitchill November 10. 

1750, Nov. 10. rpjjg ^j^jj.jj jg^y ^.jjgj.g ^^g g^jj jjgg^j Barron Court holden by 

George Laurie Bayllie of said Barrony in name of Sir Robert 
Pringle. 

(170) 1751 Stitchill May 11. 
Curia legittime qffirmata. 

Tlie which day there was an Head Barron Court holden by 
George Laurie Bayllie in name of Sir Robert Pringle of 
Stitchill Bart. 

(171) 1751 Stitchill November 9. 
Curia legittime affirmata. 

Buriawmen. The which day there was holden an Head Barron Court by 

George Laurie Bayllie whereat John Watson in Stitchill 
Miln Adam Hyslop and Patrick Wilson Tenents were ap- 
pointed Buriawmen in this Barrony having given their oath 
dejideli. 

John Watson ; Adam Hyslop (A. H., his mark) ; Patrick 
Wilson ( X his mark). 

(172) 1752 Stitchill May 9. 

The which day there was a Head Barron Court holden by 
George Laurie Bailie of said Barrony in name of Sir Robert 
Pringle Bart. 

(173) 1752 Stitchill November 18. 
Curia legittime affirmata. 

The which day Sir Robert Pringle being present appointed 
James Dickson Clerk of this Barron Court. 

(174) 1753 Stitchill May 19. 
Curia legittime affirmata. 

The which day there was held a Head Court by George 
Laurie Baillie of said Barrony in name of Sir Robert Pringle 
Bart. 



1757] BARON COURT OF STITCHILL 201 

1753 Stitchill November 17. (175) 
Curia legittime affirmata. 

The which day was held a Barron Court (head) by the 
Right Honourable Sir Robert Pringle Barronet. 

1754 Stitchill May 25. (176) 
Curia legittime affirmata. 

The which day a Head Barron Court was held by George 
Laurie Baillie in name of Sir Robert Pringle. 

1754 Stitchill November 16. {177) 
Curia legittime afflrmata. 

The which day was held a Head Barron Court by George 
Liaurie Baillie in the name of Sir Robert Pringle Bart. 

1755 Stitchill May 24. (178) 
The which day was held a Head Barron Court by George 

Laurie Baillie in the name of Sir Robert Pringle. 

1755 November 15 Stitchill. (179) 
The which day a Head Barron Court was held at Stitchill 

by George Laurie Baillie of said Barrony in name of the Right 
Honourable Sir Robert Pringle of Stitchill Bart. 

1756 Stitchill May 26. (180) 
The which day a Head Barron Court was held at Stitchill 

by George Laurie Tennent in Queenscairn Baillie of said 
Barrony in name of the Right Honourable Sir Robert Pringle 
of Stitchill Bart. 

1756 Stitchill November 20. (181) 
Curia legittime afftrmMa. 

The which day a Head Barron Court was held at Stitchill 
by George Laurie Baillie in name of the Right Honourable 
Sir Robert Pringle of Stitciiill Bart. 

1757 Stitchill May 21. (182) 
Curia legittime affirmata. 

The which day a Head Barron Court was held at Stitchill 



202 



THE MINUTES OF THE 



[1757- 



(183) 



(184) 



Rent of house 
5S- 



(18s) 
Birlayman. 



(18 



(187) 



by George Laurie Baillie in name of the Right Honourable 
Sir Robert Pringle of Stitchill Bart. . 

1757 Stitchill November 19. 

The which day was held a Head Barron Court by George- 
Laurie in name of Sir Robert Pringle Bart. 

1758 Stitchill November 20. 
Curia legittime affirmata. 

The which day' George Laurie Baillie of the Barrony of 
Stitchill sitting in judgment decerned and ordained Simon 
Marjoribanks indweller in Stitchill to pay to Sir Robert 
Pringle of Stitchill the sum of fifteen shillings sterling as the- 
three years rent of the house possessed presently by him and 
in the meantime ordered the Officer of the Barrony to poynd 
and arrest his effects wherever they were to be found within 
the Barrony. 

The same day the householders made their compearance- 
and took Instruments. 

1759 Stitchill May 19. 
Curia legittime afflrmata. 

The which day a Head Barron Court was hold en at Stitchill 
by the Right Honourable Sir Robert Pringle of Stitchill Bart, 
when James Hay weaver in Stitchill, William White weaver 
there, and Robert Heymer junior smith there were appointed 
Birlaymen in this Barrony having given their oath dejideli. 

1760 Stitchill May 24. 
Curia legittime affirmata. 

The which day John Main wright in Stitchill is decerned to- 
pay to William White weaver there the sum of four shillings- 
sterling due by the said John Main being proven by the pur- 
suer's oath as also to have his sheep grass till Whitsunday 
1761 at which time he is to remove without any further 
waiming. 

1760 Stitchill November 15. 

Curia legittime affirmata. 

The which day a Head Barron Court was held at Stitchill 



i.76j] BARON COURT OF STITCHILL 203 

by George Laurie Baillie of said Barronyin name of Sir 
Robert Pringle Bart. 

The which day the householders made their compearance 
by themselves or proctors at this Court, 

1761StitchilI-May23. ■ (iss) 

Curia legittime affirrriata. 

The which day was held ane Head Barron Court at Stitcbill 
by the Right Honourable Sir Robert Pringle of Stitchill 
Bart, when Thomas Sudden and Alexander Wylie indwellers 
in Stitchill were appointed Birlawmeli in this Barrony having . 
given the oath dejideli. 

1761 Stitchill November 21. (189) 
Curia legittime affirmata. 

The which day ane Head Barron Court was holden at 
Stitchill by George Laurie Baillie of the Barrony in roume of 
Sir Robert Pringle of Stitchill Bart. 

The which day the householders within this Barrony made 
their compearance by themselves or procurators. and took In- 
struments of said compearance. 

1762 Stitchill May. (19°) 
Curia legittime affirmata. 

The which day ane Head Barron Cpurt vvas holden at 
Stitchill by George I-aurie Baillie of said Barrony. 

1762 Stitchill November. ' (191) 
. Curia legittime affirmata. 

The which day ane Head Barron Court was holden by 
George Laurie, Baillie of said Barrony when the tennents and 
cottars by themselves or procurators made their appearance 
arid took Instruments, a(!cordingly in the clerk's hands. 

1763 Stitchill May 21. (192) 
Curia legittime affirmata. 

The which day ane Head Barron Court was holden at 
Stitchill by George Laurie Baillie of said Barrony. 



204. THE MINUTES OF THE [1763 

(^93) 1763 Sfcitchill November 19. 

Ctiria legittime affirmata. 

The which day ane Head Barron Court was holden at 
Stitchill by the Right Honourable Sir Robert Pringle of 
Stitchill Bart. 

BeefiSd, The which day Robert Guthrie tennent in Stichill is 

decerned to make payment to Margaret Charteris of the sum 
of eighteen pence as the remainder of the price of a side of 
beef bought by him from said Charteris as also of sixpence as 
the expenses of said Process. 

Grass 4s. stg. The which day Isobel Brown relict of the deceast Thomas 
Hislop is decerned to pay to Margaret Charteris the sum of 
four shillings sterling as the rent of a Summer''s grass in the 
Mains and the sum of six pence as the expence of this Process. 

Oatmeal los. 3. The which day Jasper Aitchison indweller in Stichill is 
decerned to make payment to John Watson tenant in Stichill 
Miln of the sum of ten shillings and three pence sterling as 
the price of oat meal bought from him as also of the sum of 
eight pence as expenses of plea. 

(194) Stitchill 1764 May 19. 
Curia legittime affirmata. 

The which day ane Head Barron Court was holden at 
Stitchill by George Laurie Bailie of said Barony. 

(195) 1764 Stitchill Nov. 
Curia legittime affirmata. 

The which day an Head Barron Court was holden by George 

; Laurie Baillie of said Barrony when the tenents and cottars 

made their usual appearance and took Instruments accordingly. 

(196) 1765 Stitchill November 16. 

Tlie which day ane Head Barron Court was holden by Geoi'ge 
Laurie Bailie of said Barrony when the tenents and cottars 
compeared and took Instruments of said compearance in the 
clerk's hands. 

(197) 1766 Stitchill May 24. 

The which day ane Head Barron Court was holden by George 
Laurie Bailie of said Barrony. 



1769] BARON COURT OF STITCHILL 205 

1766 Stitchill November 15. (198) 
Curia legittime afftrmata. 

The which day ane Head Barron Court was holden at 
Stitchill by George Laurie Bailie of said Barrony when all 
the tenents and cottars took Instruments of their compear- 
ance in the Clerk's hands. 

1767 Stitchill May 23. (199) 
An Head Barron Court was holden this day at Stitchill by 

George Laurie Bailie of said Barrony but there being no 
business before the Court it was adjourned till next Court 
day. 

1767 Stitchill November 21. (200) 
The which day ane Head Barron Court was holden at 

Stitchill by George Laurie Bailie of said Barrony when the 
tenants and cottars compeared as usual and took Instruments. 

1768 Stitchill May 21. (201) 
The which day ane Head Barron Court was holden at 

Stitchill by George Laurie Baillie of said Barrony. 

1768 Stitchill November 19. (202) 
At an Head Court holden this day at Stitchill by George 

Laurie Bailie of said Barrony compeared all the tenents and 
cottars and paid their fine for the penal statutes as usual. 

1769 Stitchill May 20. (203) 
The which day the Court was holden as usual but as there 

was no business to manage, the Bailie appointed the next 
Court day to be on the Saturday before the Term of Mar- 
tinmas except when any business comes before them and this 
to take place in all time coming. 

1769 Stitchill November 18. {204) 

The which day ane Head Barron Court was holden by 
George Laurie Bailie of said Barrony when the tenants and 
cottars compeared and took Instruments in the Clerk's 
hands. 



206 THE MINUTES OF THE [1770 

(20s) 1770 Stitchill November 19. 

Curia kgUti/rne ajfirmata. 

The which day ane Head Barron Court holden by George 
Laurie compeared the tenants and cottars and took Instru- 
ments of Said compearance in the Clerk's hands. 

(206) 1771 Stitchill November 16. 
Curia legittime qffirmata. 

This day there vva;s holden a Head Ban-on Court at Stitchill 
by George Laiurie Bailie of said Barrony when the tenants 
and cottars cofnpeared and took'Instruments as usual in the 
Clerk's hands. 

(207) 1772 Stitchill November 15. 

Ori which day there was holden as usual a Head Barron 
Court at Stitchill by George Laurie Bailie of said Barrony 
when the tenants and cottars compeared and took Instruments. 

(208) 1773 stitchill November 20. 

At an Head Barron Court holden at Stitchill by Geoi-ge 
Laurie Bailie of said Barrony compeared the tenants and 
cottars and took Instruments in the hands of the Clerk. 

(209) 1774 Stitchill NovenibeK^19. 
Curia legittime affirmata. 

The which day William Wilson tennent in Bailie Knowe 
was appointed Bailie of the Barrony of Stitchill by the Right 
Honourable Sir Robert Pringle of Stitchill Bar.t.^ 

The which day also the tenants arid cottars, of the Barrony 
compeared and took Instruments of their compearance in the 
hands of the Clerk. 

(210) 1775 Stitchill November 18. . 

At an Head Barron Court held this day at Stitchill by 
William Wilson Bailie of said Barrpny all the tennents and 
cottars by themselves or procutators compeared and took In- 
.struments in the Clerk's hands of said compearance. 



' Last appearance of Sir Robert Pringle. He began presiding ori 8th 
November 1 72 1. 



(212) 



178 1] BARON COURT OF STITCHILL 207 

1776 Stitchill November' 16. 
Curia legittime affirmata. 
This day ane Head Barron Court was held at Stitchill by 

William Wilson Bailie of said Barrony in which compeared 
the tennents and cottars; as usual and took Instrument in the 
Clerk's hands of their compearance. 

1777 Stitchill May 24. 
The which day an Head Barron Court was held at Stitchill Biriaymen. 

by William Wilson Bailie of said Barrony when Richard 
Hewatt tenant in Queenscairn William Landreth tennant in 
Sweethope and John Dickson tenant in Stichell Mill were 
appointed Biriaymen in this Barrony and gave their oaths 

1777 Stitchill November 15. (213) 
Compeared this day the tenents and cottars at a Head 

Baron Court held by William Wilson Bailie of said Barrony 
■and as usual took Instruments in the Clerk's hands. 

1778 Stitchill November 21. (31^) 
Curia legittime affirmata. 

This day ane Head Barron Court was held at Stitchill by 
William Wilson Bailie of said Barrony when the cottars and 
tenants compeared and took Instruments in the Clerk's hands. 

1779 Stitchill November 20. (215) 
The which day was holden a Head Baron Court at Stitchill 

lay William Wilson Bailie of said Barrony at which compeared 
all the tennants and cottars and took Instruments in the 
Clerk's hands. 

1781 Stitchill November 17. (216)' 

Curia legittime affirmata. 

The which day Richard Hewatt tenant in Queenscairn was sir James 
appointed Bailie of the Barrony of Stitchill by Sir James P""gi«- 
Pringle of Stitchill Bart.^ when the tenants and cottars com- 



1 Sir James Pringle now presides. Sir Robert last presided upon 19th 
November 1774. 



208 THE MINUTES OF THE [1781 

peared and took Instruments of said compearance in the 
Clerk's hands. 

(217) 1782 Stitchill November 16. 

There was held this day ane Head Barron Court at Stitchill 
by Richard Hewatt Bailie of said Barrony at which compeared 
all the tenants either by themselves or procurators and took 
instruments in the Clerk's hands. 

(218) 1783 Stitchill January 5. 
Curia legittime affirmata. 

Calumny los. The which day Richard Hewatt Bailie of the Barrony of 
^ ^' Stitchill sitting in Judgment having heard a complaint given in 

by William Fair tenant in Stitchill Miln against Jasper Aitchi- 
son in the Barley Mill and Adam Spiers servant to Mr. James 
Hogarth tennent in Bailie Knowe for charging him with 
keeping the Mill in bad order Which the Judge considering- 
found that the Charge was groundless and malicious and 
therefore fined them both in the sum of ten shillings sterling 
each. 

(219) 1783 Stitchill November 15. 
Curia legittime afflrmata. 

The which day there was held a Head Baron Court at 
Stitchill by Richard Hewatt Bailie of said Barrony when James 
Guthrie was appointed Baron Officer when all the tenants and 
cottars compeared and paid their fines for the penal statutes. 
riot and thro\¥- John Hislop tenant in Stitchill is decerned and fined in the 
los. stg. sum of ten shillings sterling money for a riot and for throwing 

Mary Tain his servant into the fire ex confessione rei. 

(220) 1784 Stitchill November 20. 
Curia legittime affinnata. 

The which day the tenants and cottars compeared at a 
Head Baron Court and took Instruments as usual in the 
Clerk's hands. 

(221) 1785 Stitchill November 19. 

The which day at a Head Baron Court compeared the 



1 79 1] BARON COURT OF STITCHILL 209 

tenants and cottars as usual before Richard Hewatt Bailie of 
said Barrony and took Instruments of said compearance. 

The which day it was enacted that if any person should be 
found breaking through enclosures carrying off pailing, pull- 
ing or destroying turnips, they shall be liable to whatever fine 
the Judge shall think proper to impose and this Act to be in 
force in all time coming. 

1786 Stitchill November 18 (222) 
Curia legittime affirmata. 

The which day at a Head Baron Court held before Richard 
Hewatt Bailie of said Barrony the tenants and cottars took 
Instruments of their compearance in the Clerk's hands. 

1787 Stitchill November 19. (223) 
The which day a Head Baron Court was holden at Stitchill 

by Richard Hewatt Bailie of said Barrony at which the tenants 
and cottars compeared and took Instruments of said com- 
pearance as usual in the Clerk's hands. 

1788 Stitchill November 15. (224) 
At a Head Court held by Richard Hewatt Bailie of said 

Barrony the tenants and cottars compeared and paid their 
fines for the penal statutes. 

1789 Stitchill November 21. (225) 
The which day was held a Head Baron Court as usual 

when the tenants and cottars paid their fines for the penal 
statutes. 

1790 Stitchill November 20. (226) 
At a Baron Court held this day the tenants and cottars 

compeared and took instruments in the Clerk's hands of said 
compearance. 

1791 Stitchill November 19. (227) 
A Baron Court being held here this day by Richard Hewatt 

Baron Bailie the tenants and cottars compeared and paid their 
fines for the penal statutes. 

o 



2J0 



THE MINUTES OF THE 



[1792 



(228) 1792 Stitchill November 19. 

At a Head Baron Court held this day by Richard Hewatt 
Baron Bailie of the Barony the tenants and cottars compeared 
as usual and took Instruments of said compearance in the 
Clerk's hands. 



James Pringle 



(229) 1793 Stitchill January 19. 

The which day at a Court holden by Sir 
Bart, of Stitchill Mr. Alexander Linen was appointed Bailie of 
said Barony and gave his oath dejideli administratione as also 
John Dods tenant was appointed Baron Officer and gave his 
oath in due form. 



(230 1793 Stitchill April 20. 

The which day Mr. Alexander Einen sitting in j udgment de- 
cerned' and ordained William Kennedy residing in Hareheught 
to make payment to Mr. George Mill tenant in Sweetliope of 
the sum of one pound one shilling sterling being due to the 
complainant conform to an account given in by him and the 
said William Keniledy having paid the same is hereby 
assoilzied. 
Snuff-mill. The Same day also Thomas Haig in Stitchill Snuff-Mi 11 is 
decerned to pay to William Immery inn-keeper in Stitchill 
the sum of six shillings and eight pence due to him for several 
articles bought from him at different times with a fifth part 
more as expenses of Process. 



(231) 



Fines for non- 
attendance. 



ay tlie ±Jailie having called a Head Baron Court 



1793 Stitchill November 16 

Curia leglttime afflrmata. 

The which day the Baili 
according to custom for all the tenants and cottars within the 
Barrony of Stitchill to pay to the Clerk of Court the sum of one 
halfpenny sterling for each householder in said Barrony But 
in respect the persons after named had failed to appear and 
pay the same the Bailie hereby decerns against each of them 
in the payment of one halfpenny viz., — James Hogarth, tenant 
in Baillie Knowe, George Mill, tenant in Sweethope, Alexander 
Smith, tenant in Legars, George Boyd, tenant in Stitchill East 
Mains, Thomas Waugh, tenant in Caldi-on Brae, and Peter 



1796] BARON COURT OF STITCHILL 211 

Simson, tenant in Parkend, and amerciats the said James 
Hogarth, George Mill, Alexander Smith, George Boyd, 
Thomas Waugh and Peter Simson and each of them in the 
sum of two shillings and sixpence sterling, for their contempt 
and disobedience in not attending said Court, and orders the 
Officer to poynd accordingly. 

The which day John Hislop residenter in Stitchill is de- 
cerned to make payment to Robert Trotter wright in Hume 
the sum of one pound four shillings and six pence as the price 
of a pair of cart wheels furnished at Lammas 1785 and interest 
thereon since the same fell due with a fifth part more of ex- 
penses of Process. 

1794 Stitchill November 15. (232) 
Curia legittime affirmata. 

The which day a Head Barron Court was held by Alexander 
Linen Bailie of the Barony when most of the tenants and all 
the cottars appeared and paid one halfpenny to the Clerk 
being their usual fine for the penal statutes and there being 
no other business the Court was adjourned till next Court 
day. 

1795 Stitchill November 21. (233) 
Curia legitiime affirmata. 

The which day a Head Baron Court was held by Alexander 
Linen Bailie of the Barony when the tenants and cottars 
appeared and paid their usual fines for the penal statutes. 

The same day George Boyd tenant in Eastfield was decerned com destroyed 
to pay to William Downie tenant in Running Burn the sum of '^' ^'5' 
one pound twelve shillings sterling for corn damaged and 
destroyed by his cattle in September and October last bypast 
Also William Downie was decerned to pay to George Boyd 
the sum of twelve shillings sterling for corns also destroyed by 
his cattle in September last. 

1796 Stitchill November 19. (234) 
Curia legittime ajjirmata. 

The which day a Head Baron Court was held by Alexander 
jtiinen Bailie of the Barony when all the tenants and house- 



212 THE MINUTES OF THE [1796 

holders by themselves or others in their name compeared and 
paid their fine for the penal statutes and there being no other 
business before tlie Court it was adjourned till next Court 
day. 

(235) 1797 Stitchill November 18. 
Curia legittime affirmatti. 

The which day a Head Baron Court was held by Alexander 
Linen Bailie of the Barony at which all tenants and house- 
holders by themselves or others in their name compeared and 
paid their fine for the penal statutes and as there was no 
other business before the Court it was adjourned till next 
Court day. 

(236) 1798 Stitchill House November 16. 

The which day James Heymer smith in Stitchill was 
appointed Birlayman of the Barony of Stitchill by Sir James 
Pringle of Stitchill Bart, and gave his oath de fideli adminis- 
tratione. 

(=37) 1798 Stitchill November 17. 

Curia legittivie affirmata. 

The which day a Baron Court was holden at Stitchill 
by Alexander Linen Bailie of said Barony when all the 
tenants and cottars and householders paid their fine for the 
penal statutes and there being no other business the Court was 
adjourned till next Court day, 

(338) 1799 Stitchill November 16, 

Curia legittime affirmata. 

The which day a Baron Court was held at Stitchill by Alex- 
ander Linen Bailie of said Barony when all the tenants cottars 
and householders paid their fines for the penal statutes and 
there being no other business the Court was adjourned till next 
Court day. 

(239) 1800 Stitchill November 15. 

Curia legittime affirmata. 
The which day a Baron Court was held by Alexander Linen 



i805] BARON COURT OF STITCHILL 213 

Bailie of said Barony when Mr. Thomas Douglas Schoolmaster 
of Stitchill was by Sir James Pringle appointed Clerk of this 
Court. 

The tenants, cottars and householders paid their fine for 
the penal statutes as usual and as there was no other business 
the Court was adjourned till next Court day. 

1801 Stitchill November 21. (240) 
The which day a Baron Court was held by Alexander Linen 

Bailie of said Barony when the usual business being finished 
the Court was adjourned till next Court day. 

1802 Stitchill November 21. 1241) 
The which day a Baron Court was held by Alexander Linen 

Bailie of said Barony when the usual business being finished 
the Court was adjourned till next Court day. 

1803 Stitchill November 19. (242) 
The which day a Baron Court was held by Alexander 

Linen Bailie of said Barony when the usual business being 
finished the Court was adjourned till next Court day. 

1804 Stitchill November 17. (243) 
The which day a Baron Court was holden by Alexander 

Linen Bailie of said Barony when the usual business being 
finished the Court was adjourned till next Court day. 

1805 Stitchill November 16. (244) 
Which day a Head Court was held. Messrs Peter John- i''in=s for non- 
stone, Sweethope, George Johnstone, Eastfield, James Hogarth, 

Baillie Knowe, were attending their duty as yeomen which 
was sustained as a sufficient reason for their being absent but 
Messrs Henry Scott, Hardie's Mill Place, James Maclaurin, 
Parkend, Alexander Smith, Legars, Richard Hewatt, Queens- 
cairn, and William Downie, Runningburn, failing to appear 
or any person for them, were ordered to pay the sum of two 
shillings and six pence sterling each for contempt of said 
Court Which sums the Baron Officer is to collect immedi- 
ately. The other tenants, cottars, and householders, took 



214 MINUTES OF BARONY OF STITCHILL [1805-7 

Instruments in the Clerk's hands of their appearance and the 
Baron Officer was ordered in time coming to intimate to the 
several tenants of this Barony and residing in this village of 
Stitchill when the Head Court is to be holden at least one 
week before it takes place. There being no other business before 
the Court it was adjourned till next Court day. 

(245) 1806 Stitchill November 15. , 

Fines for non- Which day a Head Court was holden when Messrs 

attendance. g^^^^.^ Hardie's Mill Place, Maclaurin, Parkend, Hewit, 

Queenscairn, Dovnie, Runningburn, Johnstone, Eastfield, and 

Johnstone, Sweethope, failing to appear or any for them 

were ordered to be fined the sums of half a crown each. 

The rest of the tenants and cottars having appeared and 
paid their fines the Court was dismissed till next Court day. 

(246) 1807 Stitchill November 21. 

This day a Head Court was held when the tenants and 
householders appeared and paid their fines and there being no 
other business before the Court it was adjourned till next 
Court day. 



APP. I.] CRIMES AND OFFENCES 215 



APPENDIX I 

CRIMES AND OFFENCES 

The following is a list of the crimes and offences brought before 
the Baron Court during the one hundred and fifty years covered 
by the Records. In a pastoral country abstracted multures were 
very common. These were the fees in kind -which the miller 
ought to have received for grinding the corn of tenants thirled to 
his mill, but by the tenant's going elsewhere with his corn, the 
fees were lost to the miller of the barony. One instance occurs 
of the contravention of an. arrestment laid upon a man's corn. 
Several times bridegrooms were fined for obtaining their bridal 
bread and their bridal ale from dealers outside the barony to the 
loss of the miller. Bridegrooms were fined in addition, if more 
guests than the law allows were present at the weddings, or if 
unnecessary changes of raiment were made at the celebration. 
For the baptism of his children, he might be fined for having too 
many guests, and for neglecting to pay the dues of the sessionr 
clerk. The same also at burials, and if the dead were shrouded 
in linen and not in woollen. Compulsory education was insisted 
on, and defaulting parents were fined. Corn eaten by trespassing 
animals had to be paid for ; corn removed from the fields before 
paying teind or tithe had to pay its teind, in addition to its owner 
being fined. Sharping corn had to be paid to the blacksmith as a 
fee for sharpening implements, else a fine was exacted. Con- 
tempt of Court was not a rare occurrence ; nor was the cutting 
of trees ; and at times the stealing of corn from one's neigh- 
bour's rig. 

There are but two references to drunkenness, which is curious ; 
and a great many to the deforcing of the barony officers, 
and one only to the desertion of service by a servant. Kayn 
fowls had to be paid as rent in kind to the lady of the mansion ; 
geese must not be trespassers ; and herds must not herd their 
own animals apart from those under their charge. 

Of housebreaking there is but one case. 



216 BARON COURT OF STITCHILL [app. i. 

Regarding the relationship of the kirk session with the Baron's 
Court, more than one intimation was made that the Baron would 
compel the observance of the decisions of the kirk session. Of 
being bound over to preserve the peace, two instances are given ; 
and several of lawburrows being demanded. Lint must not be 
steeped in lochs and burns, nor exposed while being dressed to 
risk of catching fire, and for contrjivention of these orders fines 
were exacted. The Sumptuary Laws must be observed. Muck 
must be properly carried to the land. The millstone-silver must 
be paid ; so also the share of the expense in bringing home the 
millstones. Thirlage both to the corn-mill and to the waulk or 
fulling mill was the source of much irritation, and its infringe- 
ment was always punished by severe fines. Orders to remove 
were given to undesirables ; and opprobrious speeches promptly 
fined. A man might clear himself from a charge by taking the 
oath of verity, whereby he was purged from the offence alleged. 
Only once were a pauper's effects sold. Three references only are 
found relating to corporal punishment ; and a few to poinding 
goods, poaching, keeping the peace, profanation of the Sabbath ; 
and several to riots and assaults to the effusion of blood. Once only 
was a man accused 'that he had helped up with the dead,' and 
that seemingly falsely. Sensuality, swearing, scolding, and 
scandal were all punishable ; and for these, mention is made of 
the stocks twice. Trespass both of man and beast was fineable ; 
so also for the improper tilling of the land ; the cutting of whins.; 
etc. The old Scots term for fining was being ' unlawed and 
amerciat,' and this was the comnnonest punishment for most 
offences. Witchcraft was dying out, as there is one reference 
only to a witch. Such were the offences and crimes brought 
before the Baron's Court of Stitchill in the seventeenth and 
eighteenth centuries. 



APPENDIX II 

TIMES OF MEETING OF THE BARON'S COURT 

In 1655 the Court met four times; in l656 twice; in 1657 
thrice; in l658 thrice; in l659 twice; in l66"0 twice; in I66I 
once; in l662 twice; in 1663 four times; in 1664 thrice; in 
1665 twice; in 1666 four times; in l667 thrice; in I668 twice; 
in 1669 twice; in l670, l671, and l672 once in each year; in 



AEP. III.] PROPER NAMES IN THE RECORDS 217 

1673 thrice; in 1674 twice j in l675 twice; in I676, 1677, 1678, 
and 1679 once only in each year; in I68O thrice; in I68I twice; 
in 1682 once; in l683 twice; in 168-t, 1685, and I686 once only 
in each year ; there is no record of a meeting in 1687 or in l689 ; 
or in 1690. There were two meetings in I691 and I692 ; one in 
,1693; two in 1694; two in 1695; four in 1696; four in l697 ; 
three in I698; three in l699; and one in 1700. There was no 
meeting in 1701 ; there were two in 1702 ; two in 1703 ; two in 
1704; two in 1705; one in 1706; two in 1707; three in 1708; 
«ne in 1709; one in 1710; one in 1711; two in 1712; two in 
1713; two in 1714; two in 1715; three in 1716; two in 1717; 
three in 1718; one in 1719; one in 1720; one in 1721; two in 
1722; three in 1723; one in 1724; one in 1725; none in 1726; 
.and two in 1727. ... A blank of eight years occurs at this point. 
In 1735 there were four meetings; two in 1736; five in 1737; 
three in 1738 ; three in 1739; one in 1740. ... A blank again 
occurs. There were two meetings in 1744; and one in 1745; 
and one in 1746. . . . Another blank occurs. In 1748 there was 
one meeting; in 1749 thi-ee; in 1750 three; in 1751 two; in 
1752 two. There were two yearly after this date until 1758 and 
1759, in each of which there was but one. In 1760 to 1764 there 
were two in each year. In 1756 there was one. In 1766 to 1769 
there were two in each year. From 1770 till 1776 there was but 
■one in each year. In 1777 there were two. In 1778 one; in 
1779 one; in 1780 none; in 1781 one; in 1782 two; in 1783 
■one; in 1784 one; and one in each year till 1793 in which year 
tliere were three. Until 1797 there was one meeting in each 
year; and in 1798 there were two; and one annually thereafter 
until the end in 1 807. 



APPENDIX III 

LIST OF PROPER NAMES OCCURRING IN THE 
RECORDS OF THE BARON'S COURT 

Armstrong, Alexander, Aitchison, Aitken, Allane, Anderson, 
Aldcorne, Ackae, Archibald, Adam, Archer, Aymers. 

Blaikie, Blackie, Bromfild, Bowtoun, Black, Bairnsfather, Bell, 
Bogge, Boyd, Burne, Brown, Brocky, Brunton, Bougall, 
Bosuall, Brownlies, Baillie, Beveridge, Bruntfiekl. 



218 BARON COUET OF STITCHILL [app. III. 

Campbell, Cossars, Clapperton, Charterhouse, Crottar, Ceddy, 
Cottersone, Cranstoun, Courtney, Cowan, Cromby, Concurr, 

Corbraith, Cudbertson, Cuthbertson, Crawford, Charteris,. 

Currie, Clarke, Cramont,' Cairncross, Cairncroft, Cannon- 

heid. 
■Donaldson, Diekson, Dows, Dodds, Dawson, Duncan, Douglas,. 

Davidson, Das^n, Downie, Dowglas. 
Elliot, Eiston, Eixton, Easton, Eliot, Edgar, Edmiston. 
fFrenche, fFairbairne, ffrothem, ffoord, IForrest, ffair. 
Given, Guttraw, Galbraith, Gibson, Greenknowe, GifFen, Gutter- 

sone, Gray, Grieve, Gottrae, Gaffine, GifFan, Gremslie, Geills,, 

Galbrath, Gillespy, Gib, Gregor, Gardiner, Glasgow, Givan, 

Gardner, Garner, Gill, Greig, Guthrie. 
Hamilton, Hoggeard, Hogge, Hall, Henrison, Hopper, Hunter,. 

Hute, Hope, Hoggearth, Halyburtone, Handyside, Hutsone 

Hendersone,. Herd, Hammiltoune, Hennry, Hislop, Hill, 

Haliday, Hoggeart, Hagger, Hallie, Hyslop, Heymers, 

Hairly, Hay, Hewatt, Haig. 
Inglis, Innes, Ingles, Immeny. 
Jamieson, Johnston, Japhrae. 
Ker, Keith, Knox, Kennedy. 
Lowry, Lamb, Lennox, Learmont, Lillie, Lambe, Lidgait, Leith,. 

Leithheid, Lirmen, Lee, Lite!, Lindores, Locke, Lithgow,. 

Lathead, Ladla, Linen, Laidley, Landreth, Lawson, 

Linning. 
Muirhead, Moffat, Mylle, Macdowell, Maisson, Marshall, Mag- 

dowall. Mill, Mein, Millar, Murdy, Matthew, Mather, Mit- 
chell, Marjoribanks, Meikle, Macgregor, Manders, Mack, 

Madder, Middlemost, Main, Maclaurin., 
Nizbet, Nissbet, Newton, Neill. 
Ormiston. 
Pringle, Pearson, Patterson, Prestoune, Pringill, Purves, Pearsone, 

Pattersone, Puntan, Phaup, Potts, Peirson. 
Quhyte, Quhiggenshall. 
Robesone, Richisone, Ramsay, Reidpath, Rutherfoord, Robertson, 

Richardson. 
Sraythe, Smith, Steyison, Sto.tt, Scott, Starke, Swanston, Service, 

Stewart, Sked, Sinclair, Small, Steill, Steinson, Scougall, 

Simm, Sklaitter, Sheill, Sim, Short, Scot, Smitton, Simson. 
Turnbull, Tailzieour, Trottar, Thomsone, Turner, Turten, Taylor, 

Tain. 



APP. IV.] ARCHAIC WORDS 219 

Urmiston, Underwood, Utterstone. 

Vair. 

Windrim, Wilson, Wood, Welshe, Wady, Weddel, Watsone, 

Whyte, Walker, Willobie, Waitt, Watts, War, Weir, Whytlie 

Waitt, Whale, Waddell, Waugh. 
Young, Younger, Yeaman. 



APPENDIX IV 

SOME ARCHAIC AND PROVINCIAL WORDS OCCUR- 
RING IN THE FOREGOING MINUTES 

Allenarly. Only, solely. 

Amerciaments. Fines. 

Attour. Over, beyond ; ' by and attour,' ' over and above.' 

Axetries. Axle-trees, axles. 

Barrouii, bairoun, baron. The word in the sense in which it is 
applied to the owner of Stitchill estate does not necessarily 
mean a nobleman. The original meaning of the word is here 
used, such as a strong man, one who can bear (from Gothic, 
heran, to bear). Such a baron held land by honourable 
service, and was a baron by tenure, not by nobility, nor by 
patent. He presided over the court of his barony; and in 
earlier times had power of pit for drowning women, and 
gallows for hanging men, including the lesser punishments 
for crimes of lower degree. 

Bailive, bailzie, balive. The bailie or bailiff who administered 
the decrees of the baron, and held courts in his absence. 

Baulk. A ridge or strip of land left unploughed, separating two 
ploughed portions. 

Bedded the kiln. Either spread the grain in proper position to 
be dried, or spread the fuel properly for combustion. 

Beir, bear, bere. Barley having four rows of grain. 

Bloodwyte. A fine for the shedding of blood. 

Boll. A dry measure whose quantity varied in different districts. 
A boll of oats, barley, or potatoes contains six bushels. A 
boll of meal is equal to 140 pounds avoir. The boll is 
divided into four firlots. 

Bountith, bounty. Something given to a servant over and above 
legal wages. 



220 BARON COURT OF STITCHILL [app iv. 

Bourlawmen, birlaymen. The petty officers of a burgh of barony, 

parish arbiters, referees, petty jurymen. 
Boukail. Cabbage. 
Cairiages, carriadges. The carryings of loads by the tenant, as 

part of his service to the laird. They might be borne either 

by horse or by cart. 
Calsayend. One of the tenants was thus distinguished from other 

tenants of the same name, as living at the end of the cause- 
way. A causeway was either paved or laid with cobble stones. 

In the south country, some of the vestiges of the Roman road 

show these causeways to this day. 
Capful. The fourth part of a peck, a forpit, a lippie. 
Claik hackit cow. A cow besmeared and rugged. 
Couper, coupper, cowper. A cooper for making ale barrels ; also 

a dealer in horses. 
Cowan; An irregular mason who has not undergone an 

apprenticeship. 
Coupurall. A corporal in the army or militia. 
Dunments, dinmoiits. Wedders from the first to the second 

shearing. 
Ennle sheitt. A sheet provided by a bride for the occasion of her 

marriage, and used at the last as a shroud. 
Entreis money ; also gersoume. A sum paid by a tenant to a 

landlord at the entry to a lease. 
Ferme beir. Bere or barley paid as part of rent or ferme, 
Fulle. A firlot or bushel qf grain. 
Girst, grist. Grain that is bound to be ground at the mill to 

which the land is thirled. 
Hirsell. A flock of sheep ; but in the text the name of a Border 

estate. 
Husbandland. About twenty-six acres of land ; as much as might 

be tilled by a plough, or mowed by a scythe. 
Hummle-corn, Grain wanting the beard, such as pease ; also three 

bolls barley and one of pease made into meal ; also a lighter 

grain that falls from the rest when it is fanned. 
Hynde, hind. A cotter who works the land, 
jajvi"; jaj is a corrupted form of 1 m, for one mille, one thousand ; 

vi stands for six ; and the small c for centum. This was a 

cumbersome method of stating the sixteenth century; the 

number of the year had yet to be added to the century. 
Kain, kayne. Fowls, generally hens, paid to the landlord as 



APP. v.j PRICES OF CHIEF ARTICLES 221 

rent in kind. It is still paid in Peeblesshire and other 

districts. 
Kitchen. Anything eaten along with bread — herrings, for instance, 

as in the text. 
Littet, dyed, Litster, dyer. 
Master. Fermenting liquid used in fulling cloth. 
Maynes, mains. The farm attached to a mansion-house, a home- 
farm. 
Melder. The quantity of meal ground at once. 6 bushels = 1 bow, 

10-30 bows=l melder. 
Merk. A coin equal to 13s. 4d. Scots ; or 13 pence and a third stg. 
Myllestane-silver. Money paid by tenants either toward the 

cost of a mill-stone, or as payment of a substitute to assist in 

bringing home the mill-stone. 
Pundler, poundler. A bourlaw-officer, a distrainer, a poynder. 
Rowme. A possession in land ; also accommodation in the mill ; 

one's turn while waiting to have one's corn ground. 
Sheilling. Grain from which the shell or husk has been removed 

in grinding — the husk thus removed being. known as schillin- 

seed. 
Socneid. The right of a baron to hold court in his own domain. 
Swingleing. Separating flax from the pith or stalk by beating. 
Thrave. Twenty-four sheaves of corn, equal to two shocks or 

stooks. 
Wins. The quantity of standing corn that reapers can take before 

them. 



APPENDIX V 

PRICES OF CHIEF ARTICLES 

Beir. Beans. 

1 Boll, 10 merks. 1 peck, 26sh, 

4 Bolb, £20. ^^^^_ 

1 Boll, 4-11. TwoandahalfBolls,£lO. 5s. 8d. 

; H' frr' 1 ^""^ ^9. 16. 

o ' Po , . 6 fulls, £14. 14. 

1 Boll, £3. 15. 

2 Fulls of Beir, 56sh. Oals. 

1 peck, 8sh. 1 Boll, 5 merks. 



BARON COURT OF STITCHILL [app. V 



1 Boll, £6, £10. 9s. £9. l6s. 

£6. 10s. £4,. 10s. 
7 fulls, £7. 14.S. 
1 peck, 10s. 

Oalmeal. 

21 pecks, £9. 

5 pecks, £8. 

1 peck, 30sh. 

3 pecks, £3. 

3 pecks, 44sh. 

1 peck, 36sh. 

half peck, 7 pence. 

1 full, £3. 8sh. 

1 boll, £12. 

1 load, £27. 



Peas. 
1 Boll, £13. 
1 Boll, £11. 
1 Boll, £10. 10s. 
3 caps, 3 shillings. 

1 peck, 24sh. 

6 fulls, £7. 4sh. 

2 fulls, £3. 4sh. 

Rye. 
-1 Boll, £6. 6. 8d. 

Shoes. 
38sh. 
2 pairs 58sh. 8d. 



FINES 



Blood and Bloodwyle. 
£4, £10, £12, £24, £25, £50. 

Biots. 
40sh. 

£5 and Stocks, 
£10. 
20sh. 

£5 and corporal punishment. 
£10 (riot deforcement). 

Various. 
Scolding, 40 pence, £5. 
Blasphemy and Scandal, 20sh. 



Provocation, 5sh. 20sh. 50sh. 
Unteinded corn or peas, £10. 
Absence from Court, £5. 
Breaking lock, £5, £10. 
Contempt of Court, £5 and cor- 
poral punishni.ent. 
Deforcement, £5. 
Opprobrious speeches, 30s. 

Calling names, £3, £50, £10, 
and kirk session. 

Refusal of service, £40. 

Cutting ash-tree, £10. 

Cutting fir-tree, 1 sh. 



RENTS 



Cothouse, £3 with four kayne 
hens. £3 with three hens. 



30sh. with three hens, or 15sh. 
with 5 days' spinning. 



WAGES 

1 day's threshing, Ssh. Harvest, £14 with 2 full's Beir 

1 day's spinning, Ish. and 4 and half full peas. 

pence. woman £7. 10. : man. 



APP. VI.] BARONS, MINISTERS, SCHOOLMASTERS 223 



£I7. 4. ; man and wife, 
£12. 5sh. 8d. with 20sh. 
or 64 herring. 

Herd, £3 and a cloacker. 

Manservant, £5 and harden shirt. 
£11. 4sh. with 2 hose, 
shirt and old clothes. 
£S with 12sh. for shoes, 
and 24sh. for hose. 

Summer fee for women, £4. 

Winter for boy, 40sh. 



Winter fee for woman, £6 with 

one ell of linen, harden and 

plaiden. 
Beadle and Bell-ringer paid by 

fees. 
Schoolmaster paid by fees and 

salary. 
Shearing eight and a half days, 

man and wife, 39sh. and 10 

pence. 
Apprentice fee to tailor, £l6. 



VARIOUS PRICES FOR VARIOUS ARTICLES 



Peat. 
1 stack, £4. 40 pence with half 

peck of beir. 
1 and a half stack, 4 merks. 
1 stack, 4 merks. 
Half stack, £3. 14. 
Carriage of peats, £l per 1000. 
50 kail plants, 4sh. 
1 year's grass equals 1 load of 

coal from England. 
7 pints ale, 2s. 4 pence. 
1 peck hummle corn, 8 pence. 
1 pound butter, 4sh. 
Cornsacks 48sh., 28sh., 40sh. 
1 ell sacking, Ish. 4d. 
Ox, £18. 10. 
Cow, £17; £16. 10.; £14; 

£24. 11. 6. 
Calf, £11. 14. 



Dinmont ewes, £l. 7. 9- 

Ewe hogg, 40sh. 

Meer, £5. 2. ; £26. 

Hire of 2 horses to Dalkeith, 4sh. 

Iron-graip, 20sh. 

Wain-wheel, £7. 

1 load lime from Edin., 20sh. 

3 and a half ells small plaiding, 

42sh. 
1 ell harden, 4sh. 
1 and a half_ ell plaiding, 12sh., 

also 8sh. 
1 ell of grey milled and pressed 

for 2sh. 
1 Qr linen, 3sh. 
1 ell linen, lOsh. 
Hose, llsh. ; 8sh. 
Coffin, grave, and bell, £2, 18, 8d. 



APPENDIX VI 

BARONS, MINISTERS, AND SCHOOLMASTERS DURING 
THE PERIOD INCLUDED IN THE RECORDS 

1655, January 8. Walter Pringle of Greenknow, uncle of the 

young laird, and acting for him. 
1659, undated, Robert Pringle. (' ffirste Courte halden be himselfe.') 



224 BARON COURT OF STITCHILL [app. vil. 

1683, December 29. The Baron styled Sir Robert for the first time. 

1692, September 5. Sir John Pringle, 2nd Baronet. 

1718, June 14. Robert Pringle, fiar of Stitchill having commission 

from his father. Sir John. 
1718, November 15. Sir John Pringle as formerly. 
1721, November 8. Sir Robert Pringle, 3rd Baronet. 
1774, November I9. Last mention of Sir Robert. 
1781, November 17. Sir James, 4th Baronet. 

MINISTERS 

David Starke, A.M., l648. John Glen, 1719- 

Andrew Darling, A.M., l683. Alexander Home, 1734. 

John Glen, I691. George Redpath, 1743. 

. Andrew Scott, 1773. 

SCHOOLMASTERS 

James Lennox, Nbvember 27, Andrew Whale, January 26, 

165.5. 1722. 

Thomas Halyburtone, December John Beveridge, May 15, 1736. 

13, 1666. John Smith, November 1740. 

John Tm-ner, May 17, 1673. Robert Brown, November 8, 
Thomas Underwood. 1746, 

William Keith, October 20, Thomas Douglas, November 15, 

1688. 1800. 

William Wilson, May 28, I698. 



APPENDIX VII 

SOME NOTES ON MEMBERS OF THE PRINGLE 
' • FAMILY 

Walter Pringle of Gueenknow : Covenanter. 

He was the second son of Robert Pringle the first laird of 
Stitchill. 

He was born in the year 1625, probably at Stitchill Hall. One 
of his childish recollections was finding himself very much drawn 
toward God at the north-east end of the Hall before there was any 
new building or garden there. 

From the age of seven or eiglit until twelve or thirteen he was 
kept under convictions, the love and fear of God ruling his heart in. 



APP. VII.] THE PRINGLE FAMILY 225 

some measure. At the age of eleven, his ' precious brother ' went 
with him to Stirling, where he was taught for a year or two by the 
eminent and pious minister Mr. James Lockie, who had no church 
at the time as he would not conform to Episcopacy. And thougli 
making no progress in learning after the death of this worthy 
tutor, yet he was kept in the love of powerful preaching. And at 
Lilliesleaf he was wont to feel refreshed by the preaching of his 
next tfeacher, Mr. Thomas Wilkie, minister there, who ofttimes shed 
tears while preaching. At that time, when he was about thirteen, 
nine or ten other young people bound themselves together in a 
bond of brotherhood and love, as well as engaged themselves 
to the National Covenant. But in 1639, when at Leith school, 
youthful lusts and corruptions began to prevail over him, being 
stronger than the grace of God. 

Two years at Edinburgh College followed ; then five more years, 
partly spent at home and in the Civil War. After two years spent 
in France, Walter Pringle returned home, being now about twenty- 
three years old. During all the time of his ' fearful going astray,' 
he had a love to the godly, and a high esteem for his worthy 
brother John, whose memory ever remained sweet to him. The 
brothers had a loving parting when Walter set out for France ; and 
within a year thereafter he was stricken with grief at the death 
of this beloved elder brother. It was in the month of June 1648 
when Walter returned from the Continent that his father, Robert 
Pringle, pressed him to marry. He was now twenty-three. He 
first saw the lady who was destined to become his wife at the house 
of Blackhaugh, where she was staying with her brother-in-law 
Pringle of Whitebank, and his affections went out to her. Walter 
had been at Edinburgh along with his father, who hearing that his 
brother of Newhall was sick, sent his son Walter to Newhall to 
inquire after his health. Pringle of Whitebank coming to New- 
hall, brought young Walter away with him to his house of Black- 
haugh, where the lady was dwelling at the time, In all which 
Walter saw the hand of Providence. 

Notwithstanding the fears of the anxious lover, the Laird of 
Stitchill did not oppose the choice of this his younger son. He 
journeyed to the capital on account of this and other business ; but 
before the laird had even met with any of the young lady's 
friends, he was seized with illness, from which he died within 
fourteen days, in May 1649. 

Walter was thus left bereaved of his elder brother and now of 



226 BARON COURT OF STITCHILL [app.vii. 

his father, at the age of twenty-four having the care of his 
brother's eight children and his sister's son. 

Five months after the death of his father, Walter proceeded in 
the matter of his marriage. During that period, he had passed 
through aCommunion season of three days at Lauder, during which, 
although the young lady was present also (the last Communion 
that Mr. James Guthrie was to hold there), the young enthusiast 
gave little thought to her ! Mr. Guthrie had inquired at his young 
friend whether there had been any work of grace in the young 
lady's heart; and this was revealed during an illness through 
which she now passed, in which she spoke freely of her soul's 
concernments, whereby the working of the Lord did fully appear 
to Walter, and the last of his scruples was removed. 

In November l649, Walter Pringle married this lady Janet, 
second daughter of James Pringle of Torwoodlee. The ceremony 
took place at Stow, Mr. James Guthrie being the celebrant. His 
wife remained at Torwoodlee about six months and thereafter 
came home toStitchill, where the couple remained five years with 
his mother Katharine Hamilton, widow of .the first laird. Five 
of his brother's children were under their care; one of them, 
Eliza, having gone to her own mother, and two younger sons 
having been removed by death. Mr. James Aird, probably their 
tutor, was also of the household at Stitchill. During this time 
they had 'a very loving, sweet and peaceable society.' Until the 
English Army came into Scotland, Walter Pringle was greatly 
taken up with lawsuits on behalf of his pupils, he being always 
defender, and consequently much away from home. Afler the 
English came in, he joined the army, leaving his mother, wife 
and children at Edinburgh. He seems to have been present at 
the Battle of Dunbar, where also another Stitchill man was pre- 
sent ; and after that defeat, he brought the ladies and children 
home to Stitchill. He remained at Stitchill with his wife until 
their eldest child Katharine was born on November 10, 1666. On 
the following day a party of English came in and occupied all 
that part of the country, whereupon Walter Pringle went and 
remained for about eight days at Torwoodlee. 

One night he returned to Stitchill along with the laird of Tor- 
woodlee in order to see his wife, and on the way back they en- 
countered an Englishman upon horseback. The man did not sue 
for quarter, and there being some difficulty in can-ying him 
prisoner to the Scottish army, Walter killed him. ' But what of 
rashness was herein, I believe assuredly that the Lord my God 
hath pardoned it.' 



APP. VII.] THE PRINGLE FAMILY 227 

He went to Glasgow and consulted his worthy friend Colonel 
Gilbert Ker and continued his journey to St. Johnstoun. He 
took advice also at Stirling from Mr. James Guthrie as to his own 
and his pupils' affairs. He had hardly been eight days at 
St. Johnstoun when news arrived of the total defeat of Colonel 
Ker's forces at Hamilton. But he remained there until Edinburgh 
Castle was to be surrendered to the English when he departed 
for Edinburgh, his own and his pupils' writs being secured in the 
Castle. He then returned to Stitchill, but the English having 
been informed as to his whereabouts, Pringle went over the 
Border into Northumberland, remaining for a few days in the 
house of his cousin Major Pringle. 

The man whom Walter had slain had many friends who vowed 
to be avenged on his slayer. . Accordingly a troop of horse came 
and took him prisoner and kept him for the first night at Darnick. 
Reading the Hundredth Psalm brought him much joy and peace. 
His mother-in-law came to see him next day ere he was carried to 
Selkirk and examined by Major Robertson, to whose regiment the 
slain man belonged.- His plea was defence of his country from 
the invasion. Afterwards he was liberated on bail of £2000 
sterling given by Torvroodlee and Whitebank. All this time 
Mr. James Aird was most solicitous for his safety, and journeyed 
many miles soliciting the chief officers on his account. Yet 
with little assurance, even LordWarristoun advising him not to 
compear. 

At last the chief officers consented to refer the matter to the 
captain of the slain man's troop, to whom Walter's mother paid 
£150 sterling, as she thought for the man's friends. Mr. Aird 
was the agent in the business at Torwoodlee, Walter remaining 
passive, being assured spiritually that all would go well. 

He seems now to have enjoyed a certain amount of freedom, 
and in 1651 became a constant hearer of 'that lively man ' Mr. 
John Livingstone, going every Sabbath day from Stitchill to 
Ancrura, having many a sweet hour by the way. (In 1663 
Mr. Livingstone was banished from the kingdom by the Lords of 
the Council.) Walter was debtor more than he could express 
to this worthy man, having sweet fellowship with him and ever 
delighting in his company. But coming from Stitchill to remain 
at Greenknow, in March 1655, he was no more a hearer of him. 

An interval elapses during which one must suppose that Walter 
Pringle along with his wife and growing family were dwelling at 
the Tower of Greenkpow. On the 26th September l660 he was 



228 BARON COURT OF STITCHILL [APR Vli. 

a prisoner in the Castle of Edinburgh along with Sir Andrew Ker 
of Greenhead. At first he was scarcely able to endure imprison- 
ment even for a few days, but God trained him up from one step 
to another. The next step was his being detained prisoner within 
the parish of Gordon ; thereafter within the Tolbooth of Edin- 
burgh, and finally at Elgin. 

On the second day of August l662 he began to write his 
Memoirs for the information and spiritual edification of his 
children. In them he passes over his sufferings and persecutions 
but lightly, enlarging, however, at length upon the spiritual experi- 
ences through which he was passing amid them all. They were 
begun at Greenknow. On Tuesday the lOth of March, his seventh 
child, Walter, was born ; and to him his father addresses some 
remarks upon the meaning of his Christian name, in High Dutch 
signifying a pilgrim. In October of the same year, it was a great 
joy to him that his eldest child Katharine, aged thirteen, was 
permitted to make her first Communion at Westruther. Her 
aunt Lady Haining had not been spared to see this early Com- 
munion of her niece as she passed away on the 28th September 
previous. But 'blessed forever be my God, who of his rich free 
grace hath so shined upon the families of Torwoodlee and 
Stitchill.' In the end of November another aunt of the children's 
died, Walter's sister Craigie, who also was able to express 
her assurance of mercy and salvation through Jesus Christ. 
Another sister of Walter's had become ill on the 15th March 
1663, the day of young Walter's baptism, and she passed away 
after a year's illness, on the 11th March l664. She had endured 
violent pain most patiently, and for years previously had lived 
separated from worldly concerns. A son of hers, Alexander, had 
caused her spiritual joy by dying in the Lord ; and during her last 
illness she made her son John engage to seek also to become the 
Lord's, else he was no son of hers. 

This brings this Memoir to the 19th July 1664, on which day he 
was summoned to attend the High Commission Court for declar- 
ing that he could not own Mr James Straiton for his minister, nor 
conjoin in prayers read by the Reader, nor in singing the Conclu- 
sion then introduced. On the 21st July, he received sentence 
from the Court. He attended the Bishop of Edinburgh on the 
8th September, 'but could not take the oath as he tendered it, 
viz. without any explanation but the words as they stand.' After 
receiving his summons and before compearance (having left the 
company he was with upon the Winistraw Law), he prayed 



APP. vii] THE PRINGLE FAMILY 229 

earnestly, and then opening the Bible at random selected the first 
verse which Providence cast up to him, which happened to be, 
' And if we know that he hear us, whatsoever we ask, we know 
that we have the petitions that we desired of him.' This 
encouraged him a good deal. The Court of High Commission 
imposed a fine upon him. On the 24.th of November he was taken 
from Greenknow by three of the Life-guards and a messenger-at- 
arms, and was conveyed to Channelkirk for the night, thence on 
the morrow to the Tolbooth of Edinburgh. On the following 
Thursday the second Court of High Commission, without his 
compearing before them, ordered him to find bond that he would 
enter himself before the magistrates of Elgin before the 1st of 
.January following, and to abide within its bounds during the 
king's pleasure. And if the fine imposed by the first Court were 
not paid by Candlemas, he was to enter within the Tolbooth of 
Elgin. Although he had more friends this time than the last, the 
bishops carried all before them. He was enabled to bear all this 
by an assurance given to him on the 22nd October, during his im- 
prisonment at his own home, when walking and meditating in the 
fields in the afternoon, that God would take his wife and children 
off his hands and care for them during any further imprisonment 
that might befall them. On the 22nd December l664, he set 
forth to go to Elgin, but before reaching Edinburgh, his brother, 
Torwoodlee, gave in a petition to the Lords of Council in 
Walter's name, who granted him until the last day of the 
year, recommending the High Commission to grant hi^i a longer 
time. 

These remissions were given on account of the delicate health 
of his wife ; and upon the 30th January l665 his daughter Anne 
was born. On 23rd February the ordinary reading at family 
worship was Psalm Fifty-five. They sang Psalm Seven from the 
ninth verse to the end, and read the eleventh chapter of Ezekiel. 
And he considered the sixteenth and seventeenth verses of the 
eleventh of Ezekiel specially suitable to their circumstances. 

On the following day, 24th February, Walter Pringle left Green- 
know and his aged mother, dear wife and children for Elgin. 
The weather north of Aberdeen was severe, and he did not reach 
Elgin until the 10th March. His prayer on entering was that he 
might not go out until God carried him out without sin. 

He lay in Elgin Tolbooth until April 6th when another prisoner 
was put in beside him, which caused him such discomfort, that on 
the morrow the town council without communicating with him 



230 BARON COURT OF STITCHILL [app. vil. 

removed Pringle to the house whence his meals had come from. 
Although he was now free to worship in his new quarters, yet the 
ventilation was not so good, a condition that he blamed as 
causing soreness of the eyes. 

On the 10th of May, his nephew Walter brought the good 
news that the prisoner might enjoy liberty within a mile about 
the town. This boon having been obtained through the efforts of 
the laird of Stitchill and the laird of Haining. 

He addresses his children regarding their spii-itual concerns 
upon the 20th July, and again upon the 31st of the same month. 
And on August 3 1st he tells them that for some weeks past he had 
been entertaining himself with the hopes of getting home. Six 
days together he was assured by several that liberty was granted ; 
but letters arriving on the Saturday previous to writing showed 
him the contrary. 

On the 21st November 1665, Walter Pringle directed a letter 
from Elgin to his household at Greenknow. And on the 30th of 
the same month there parted from him a pious minister deposed 
for not conforming. He had come from Ross to see other friends 
and Pringle. And some one who had come with him said on the 
Sabbath that those who had met with so much lenity (no doubt 
meaning Walter Pringle) as to be merely confined, when a hard 
sentence might have been inflicted, would surely not abuse that 
lenity by frequenting the companies of seditious persons, and 
meddling with those who were given to changes. 'Thus am I 
the scorn of those who are at ease, and the contempt of the proud, 
who count it lenity to be a prisoner 124 miles from my family.' 

So Walter continued at Elgin, consoling himself by addressing 
his children indirectly in his Memoirs. The year 1666 began. 
On the 6th of January he wrote that on the previous Tuesday, 
during the night, the house opposite his dwelling was consumed 
by fire. Several times the wind had directed the flames against 
his own house, so that it too caught, but did not greatly suffer. 
In this, too, Walter saw the hand of God. 

At the end of January he was greatly cheered by a letter from his 
wife announcing that a good work had begun in their son Robert. 

' Upon the 6th of February my friends, by their affectionate 
pains, without my knowledge, did procure from the High Com- 
mission, the change of my confinement from Elgin to mine own 
house, and three miles about, for the payment of £200 sterling, 
and a Bond by Stitchill and Tersons, for my peaceable and 
inoffensive behaviour.' 



APP. VII.] THE PRINGLE FAMILY 231 

' The order came to my hand on the 20th day of February, and 
I came from Elgin on the 23rd, and to this place (Greenknow) 
on Tuesday last the 6th of March.' 

And these tilings were written at Greenknow on 10th March 
1666. 

Robert Pringle of Stitchill (First Laird). 

He was the second son of George Pringle of Newhall. He 
was first designed Pringle of Bartingbush, and was a Writer to 
the Signet. Having realised a large fortune from his profession, 
he acquired first of all the lands of Teraplehall in Berwickshire ; 
and in l628 he purchased from Sir John Gordon of Lochinvar 
(first Viscount Kenmure) the estate of Stitchill in Roxburghshire. 
He died in 1649, six years before the Records of the Baron Court 
begin. Walter of Greenknow referred to above was his second 
son. His eldest son, John, predeceased him, leaving behind 
him several children, one of whom became Robert, the first 
Baronet of Stitchill. Another was Walter of Graycrook, called to 
the Bar in 1664, who ably defended the Covenanters in 1679 after 
the Battle of Bothwell Brig. This Walter of Graycrook must 
not be confounded with Walter of Greenknow, also a Covenanter, 
referred to antea, who was his uncle. 

Sir Robert Pringle op Stitchill (Second Laird ; First Baronet). 

He succeeded his grandfather in l649; and in 1667, on the 
death of Robert Pringle of Newhall, he inherited Newhall also. 
In his youth he was brought up at Stitchill House under the care 
of his uncle, Walter Pringle of Greenknow, and in 1683 he was 
created a Baronet. He married Margaret, daughter of Sir John 
Hope, a Lord of Session, designated Lord Craighall, and had 
nineteen children, one of whom (1) John succeeded him. 

He had also (2) Sir Walter Pringle of Lochton, admitted advo- 
cate in 1687. He became a Lord of Session, as Lord Newhall, in 
1718, and was knighted. He died in 1736, when all the other 
judges attended his funeral in their robes as a mark of respect. 
Sir Robert Dundas of Arniston wrote his eulogy, which was 
appointed to be engrossed in the Minutes of the Faculty of 
Advocates. Hamiltoun of Bangour also composed an epitaph on 
Lord Newhall. (3) The Right Honourable Robert Pringle was 
another son of Sir Robert. He was appointed Secretary at War 
in 1718. (4) Thomas Pringle, Writer to the Signet, was ancestor 



BARON COURT OF STITCHILL [app. vii. 

of the Pringles of Edgefield and the Pringles of Weens. His son 
was sheriff depute of Banffshire in 1748, and became a Lord of 
Session, with the title Lord Edgefield, in 1754. He died in 1764. 

Sir John Pringle of Stitchill (Third Laird; Second Baronet). 

He was the eldest son of Sir Robert Pringle. He married 
Magdalen, daughter of Sir William Gilbert Elliot of Stobbs, and 
had four sons and two daughters. (1) Sir Robert the third 
baronet. (2) Gilbert an officer in Dragoons. He married Mar- 
garet, daughter and heiress of John Pringle of Torsonce. (3) 
Walter, sheriff of Roxburghshire. He succeeded to Torsonce on 
the death of his brother and never married. (4) Sir John Pringle 
the celebrated surgeon. 

Sir Robert Pringle (Fourth Laird; Third Baronet). 

He was the eldest son of Sir John Pringle. He mai-ried 
Katharine, daughter of James Pringle of Torwoodlee, and died 
aged eighty-eight. 

Sir James Pringle (Fifth Laird ; Fourth Baronet). 

He was the eldest son of Sir Robert Pringle. He served first 
of all in the Fusiliers, and later commanded the 59th Regiment. 
Later, he was colonel of the Southern Fencibles ; and after 1797 
commanded the Roxburghshire Yeomanry Cavalry. He was 
Master of Works in Scotland; and M.P. for Berwickshire in four 
Parliaments. He became also captain of the Royal Archers, the 
king's bodyguard in Scotland ; and his portrait as an archer 
hangs in Archers' Hall, Edinburgh. He died in 1809. He 
married Elizabeth, daughter of Norman Macleod of Macleodj by 
whom he had three sons and three daughters. (1) Robert pre- 
deceased his father. (2) John who succeeded as fifth baronet. 
(3) Norman, major of the 21st North British Fusiliers; and later, 
British Consul at Stockholm. He purchased Torsonce from his 
father ; but later sold it. 

Sir John Pringle (Sixth Laird ; Fifth Baronet). 

He was bom in 1784, and was second son of Sir James Pringle. 
He served for ten years in the 12th Light Dragoons. He married, 
first, his cousin Emilia Anne, second daughter of General Macleod 



APP. VII.] THE PRINGLE FAMILY 

of Macleod, and had three sons and five daughters. And married 
again. Lady Elizabeth Maitland Campbell, daughter of the first 
Marquis of Breadalbane, who had two daughters, — the elder of 
whom married the tenth Earl of Haddington. His heir was James 
his eldest son. His second son Norman was accidentally drowned 
in the Thames. Sir John was the last of the Pringles to reside 
at Stitchill. 

Sir John Pringle, Baronet. 

He was not one of the lairds of Stitchill, but was the youngest 
son of Sir John Pringle, the second baronet, and Magdalen Elliot. 
He was born, however, at Stitchill House, on the 10th April 1707, 
during the period covered by the Baron Court Records. He was 
trained for the profession of medicine at St Andrews, Edinburgh 
and Leyden; graduating as M.D. at the last, in 1730. After 
studying also at Paris he settled in Edinburgh as a physician. 

In 1734 he was appointed assistant and successor to Professor 
Scott in the Chair of Moral Philosophy. In 1742 he was nomi- 
nated physician to the Earl of Stair, Commander-in-Chief of the 
British Army; and also physician to the military hospital in 
Flanders. He was present at the Battle of Dettingen on 26th June 
1743. He became physician-general to the army of the Nether- 
lands, whereupon he resigned his appointment in the University 
of Edinburgh. During the Scottish Campaign of 1745 and 1746 
he was attached to the Royal Forces, and spent the two follow- 
ing years with the army on the Continent. After the peace of 
1748 he returned to Britain and settled in London, where he was 
a member of the Royal Society, and became physician to the 
Duke of Cumberland. 

He now published the results of his researches in the domain 
of medicine, such as those upon antiseptic and septic substances ; 
hospital or jail fever ; diseases of the army, etc. 

In 1763 he became physician extraordinary to the queen; and 
was created a baronet in 1766. He was appointed physician 
extraordinary to the king in 1774; and was a member of many 
scientific and medical societies. His health began to fail, neces- 
sitating his return to Edinburgh. But the rigour of the climate 
compelled him to go back to London, where he died in 1782 
aged seventy-five. A monument to his memory was erected in 
Westminster Abbey. The baronetcy became extinct at his 
death. 



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236 BARON COURT OF STITCHILL [app. viii. 



APPENDIX VIII 

THE ORIGINAL MANUSCRIPT OF THE BARON COURT 
RECORDS AND ITS TRANSCRIBER 

It is greatly to be regretted that the original Manuscript from 
which the foregoing Records have been transcribed has been lost 
within recent years, which circumstance renders the preservation 
of its contents in the present volume all the more essential and 
valuable. 

The book occupied a place in the library of Stitchill House. 
Sir John Pringle was the last of his family to occupy the former 
mansion, which he left about 1840. Thereafter Lord John Scott 
became tenant until 1853. The estate then came into the market 
and was bought for Mr. David Baird, who was succeeded later by 
his brother Mr. George Baird. A new mansion-house in the Scots 
baronial style was erected near the site of its predecessor, and 
several years later Stitchill village was rebuilt by his widow. Her 
only son, George, did not hold the family possessions long, as he 
died at New Orleans in 1893. All the estates were then sold, 
and that of Stitchill passed into the hands of Mr. James Deuchar. 

At th,is period the Manuscript disappeared. The present owner 
states that he never had it in his possession ; nor has any trace of it 
been found in connection with the sale of the library and furniture. 
But it is to be hoped that the loss is not irrecoverable. 

In the year 1878 the Rev. George Gunn, M.A., succeeded the 
Rev. Dugald Macalister as minister of the united parishes of 
Stitchill and Hume. It was within a veiy few years of his settle- 
ment that his attention was directed to the old records of the 
Baron Courts held within the church by the Pringles. He obtained 
permission from Mrs. Baird and her son George for their tran- 
scription and publication ; and it is from Mr. Gunn's Manuscript 
that the present volume has been prepared by Dr. Gunn, one of 
his brothers, with consent of the executor, Mr. Thomas Gunn, 
advocate. Mr. Robert Renwick, the eminent palaeographist, 
has contributed valuable assistance in revising all the proofs, to 
whom grateful thanks are due. Mr. Gunn passed away on 
the 12th of January 1900, at the early age of forty-eight. He 
had been president, and was at the time hon. secretary, of the 



APR VIII.] THE MS. AND ITS TRANSCRIBER 237 

Berwickshire Naturalists' Club, and he was becoming a recognised 
authority in the sciences of botany and geology. Among his 
papers were found the results of considerable archaeological re- 
search, from among which a selection was published in a memorial 
volume, containing notably, the ' Early History of Stitchill,' also 
the 'Church of Hume.' 

That he never forgot his true vocation — the ministry of the 
Gospel — is evident from the address delivered by the Border 
litterateur Sir George Douglas when he unveiled a Celtic cross to 
his memory in Stitchill, the tribute of George Gunn's scientific 
friends : — 

' For twenty-one years the Reverend George Gunn lived and 
laboured in our midst, in blamelessness, cheerfulness, unselfish- 
ness ; thoughtful of others, without thought for himself; those 
know it who were of his flock ; we know it who were of his friends ; 
helpful, a brother to his fellowman ; a faithful servant of the 
Highest ; a type and pattern of the village priest in this God- 
fearing land. 

' We would not that a memory, pure and bright, entwined with 
associations kindly and inspiring, should perish from among us. 
And therefore with reverence, with affection, with regret — flowers 
of the chaplet laid upon their graves who, victors in life's conflict, 
now sleep well — I unveil this memorial of the dead. 

' The Cross, the sign and emblem of the Christian life, com- 
memorates him fitly. 

' May his example live among ourselves, live among those who 
shall come after us ; may it long endure, and bountifully bring 
forth fruit ! ' 



INDEX 



Absentees fined, 42, 44, 47. 
Abstracted multures, 42, 44, 73, 123, 

215. 
Ackae, Manie, in Home, 104. 
Agriculture in Scotland during the 

Commonwealth, xvii. 
Aimer, Robert, 12. 
Aird, James, 226, 227. 
Aitchison (Aitchysoune), 'Alexander, 
58. 

Bessy, 7 . 

George, chapman, 122. 

fined for Sabbath profanation 

and bloodwyt, 124-125 ; fined for 
cutting rottins, 184. 

merchant, -fined for a riot, 

169. 
younger, fined for con- 
tumacy, 169. 
James, weaver, 90 ; fined for con- 
tumacy, 169 ; fined for threatening, 
187. 

Jasper, 186, 187, 204 ; fined for 

calumny, 208. 

John, 60. 

Aitken, John, 36, 44, 62. 

Margrat, fined for opprobrious 

words, 64. 
Aldcorne, Jenet, 71. 
Ale, xviii, 17, 25, 144; regulation as 

to the purchase of bridal ale, 43. 
Alexander, James, 10. 

Jane, 51. 

Robert, in Hume, 17. 

in Kempflat, 195. 

William, 109. 

Allan, Richard, flesher in Kelso, 59. 

Thomas, tinckler, 38. 

Amers Knows, 189. 
Anderson, Euphean, 52. 

Issobell, 52. 

James, fined for a riot, 186. 

Jeane, 52. 

William, fined for contumacy, 

118. 
Angry Croft, 191. 



Apprentices' indentures, 183, 198. 
Apprised corn or oats, 3 and n, 32-34, 
46, 57, 76. 77. 81. 82, 84, 85, 89, 

104, no, 161, 193, 211, 215. 

Arbitration, 39, 49, 53, 58. 

Archibald, Mungo, 108, 109, 118, 122, 
141. 

Armstrong, Allison, fined for assault, 
12. 

Janet, scandal, 186 ; roup of her 

effects, 195. 

Assaults, xxiii, 7, 9, 12, 18, 22, 24, 
28-31, 36, 38, 39, 47-49, 51, 54, 
56, 57, 63, 64, 71, 86, 96, III, 124, 
129, 135. HI. 145. 165, 167, 169, 
174, 178, 185, 186, 192, 208. See 
also Riots. 

Aymers, Robert, 196. 

Baillie Knowe, 191. 

Bairds of Stitchill, 236. 

Bairnesfather, Agnes, 7. 

Baptismal dues, 103, 215. 

Baptisms, sumptuary laws relating to, 

97- 
Baron Court of Stitchill, jurisdiction, 
x-xi, 198 « ; history of the MS., 236 ; 
list of proper names in the Records, 
217 ; archaic and provincial words, 
219 ; crimes and offences dealt with, 
215; compulsory education, xxiv ; 
to support the kirk-session, xxvi ; 
marriage regulations, xvi, xxxiv, 22, 
215 ; election of jurymen and bour- 
lawmen, 1-2 and «, 115, 125, 165, 
172, 191, 192, 198, 199; election of 
chancellor of inquest, 7 ; election of 
pundlers, 8 and n, 37 ; absent jury- 
men to be fined, 11, 210, 213, 214 ; 
to enforce kirk-session sentences, 21, 
33 ; regulation as to the keeping of 
geese, 45 ; act anent planting of trees, 
49, 50, 113; ordinance as to kayne 
fowls, 80 ; act anent tenants' service 
to the laird, 107 ; manuring, rotation 
of crops, etc., no; multures, 112- 



INDEX 



239 



113 and »; laying lint in running 
water forbidden, 115, 116, 120, 147 ; 
act anent beggars, 135-136 and «; 
the poor, 142 ; acts relating to meal- 
makers, weavers, etc., 147. 
Beans, 130. 

Beef, 204. 

Bees, 181. 

Beggars, act relating to, 135-136 and ;;. 

Bell, Bessie, 20, 25. 

— ^ George, 19. 

Bell-ringing regulations, 13, 184 and n. 

Beltane, 6i and «. 

Bere, xviii, 14, 16, 18, 19, 26, 28; 44, 
45. 63. 69. 7o> 72, 81, 94, 100, 109, 
112, 154, 168. 

Beveridge, John, schoolmaster, 192- 
194, 224. 

Bingall, Michael, fined for a riot, 145. 

Black, Agnes, in the stocks for an un- 
proved charge, 6. 

Margaret, fined for assault, 1 1 1 ; 

for contumacy, 178. 

Blackie, William, in Parkend, 168. 

Blaikie, James, 4, 6-9. 

Blasphemy, fines for, 4, 5. 

Bloodwyt. See Assaults, 

Bogge, Joanet, 39. 

Boots, 65. 

Bosuall, Thomas, herd, 172. 

Boundaries, 31. 

Bourlawmen, election of. See under 
Baron Court. 

Bowtoun, Thomas, fined for blas- 
phemy, 4. 

Boyd, George, in East Mains, 210, 
211. 

Thomas, fined for rioting and 

assault, 47-48. 

Brattisone, Johne, in Fallsydehill, 14. 

Bread for penny bridals, 22, 215. 

Breaking a locked door, 24. 

Brewer's Acre, 173. 

Brocky, Alisoun, 96, 97. 

John, 96. 

Bromfield, Anna, 6. 

Broomfield, James, fined for a riot, 
186. 

Robert, tailoiir, in Home, 6 

and n. 

Brown, Alexander, weaver, 90. 

David, sklaitter, 129, 170. 

George, in Hare Heuch, 172. 

Issobell, fined for contempt of 

court, 176. 

John, weaver, 192, 194. 

Robert, schoolmaster, 199, 224. 

Brownlees, Andro, 181. 

Bruntfield, Robert, in Hume, 193. 



Brunton, John, 115, 126, 159; fined 

for riot, 157. 
Burials, bell-ringing at, 184 and n ; 

burial in linen forbidden, 159 ; 

sumptuary laws relating to funerals, 

97. 
Burn, Andro, pundler, 60, 64. 

John, in Ednim, 129. 

Stephen, charged with assault, 

47-48. 
Butter, 179. 

Cairncrose, John, in Queenscairne, 

179. 
Caldron Brae, 189, 190. 
Calf, price of, 68. 
Calumny, 64, 104, III, 208. 
Campbell, Lady Elizabeth Maitland, 

wife of sir John Pringle, 6th of 

Stitchill, 233. 
James, 2, 7, 14, 15, 19, 20, 44; 

fined for assault, 22, 51, 54 ; fined for 

keeping swine in summer, 24 ; fined 

for scandal, 64. 
Cannonhead, Ralph, in Edenmouth, 

196. 
Carey, sir Robert, warden of the Eastern 

Marches, xxxiii. 
Carmichael, sir John, warden of the 

Middle Marches, xxxiii. 
Carriage of goods, etc., 34 and n, 35, 

56, 60, 71, 79, 104, 105, 162, 165, 

173, 220. 
Ceddy, Alexander, fined for straiks and 

riot, 31. 
Cess, 57. 
Charteris, Adam, 144, 15S, 156, 160; 

fined for a riot, 157. 

Margaret, 204. 

Church of Scotland and its mode of 

worship, xxvii. 
Churchyard, tenants to supply a worker 

for removing rubbish in, xv, 116- 

117. 
Clappertoune, Anna, 7. 
Coals, 36, 45. 
Cockburn, Margaret, 160. 
Compulsory education, xxiv, 103 and 

n, 122. 
Concurr, Richard, in Dunse, 61, 77. 
Contempt of court, 23, 34, 13S, 150, 

151, 162, 176, 211. 
Contravention of arrestment, 182. 
Contumacy,' in, 118, 169, 175, 177, 

178. 
Corbraith, Peter, in Ednam, 78. 
Corn, 25, 164. 

Corporal punishment, 112 and n, 151. 
Cossar, George, 9. 



240 



BARON COURT OF STITCHILL 



Cossar, James, portioner in Hassing- 

tone, 54. 
Cossars, Marioun, 7- 
Cot-houses to be furnished with divots, 

131- 
Cottersone, Agnes, 34. 
Courtney, Elizabeth, 44 and n. 

Thomas, 84. 

in Fogo, 94. 

chapman, 86. 

■ William, 57, 60, 61, 66, 93. 

Cowan, David, in Ednam, 51- 

• work, 116 and ». 

Cows, price of, 57, 105, 132, 134, 137, 

164, 179, 181: 
Cramont, Issabsll, fined for contempt 

of court, 176. 
Cranstoune, George, in Nenthorne, 9. 

James, 36. 

Crawford, Margaret, 123. 

William, 122. 

Crimes and offences dealt with in 

Baron Courts, xxii, 215. 
Croftheads, 189, 190. 
Croft Hilly, 189. 
Croke Quarter, 189. 
Cromby, Robert, 53. 
Crottar, Jeremy, portioner at Home, 

24. 

John, 27. 

Currie, James, 195. 

John, 149, 154, 155. 

Cuthbertson (Cudbertson), Henry, 

weaver, 90. 
William, weaver, 141. 

Darling, Andrew, 224. 

Dawson (Dasone), James, in Harper- 
town, 78. 

in Hume, 54, 57, 60. 

John, in Harpertown, 195. 

Defamation, 57. 

Deforcement, 35, 57, 73, 90, 106, 126, 
132, 176, 182, 215. 

Deuchar, James, proprietor of Stitchill, 
236. 

Dickson, Archd., loS, iii. 

Christian, 68. 

George, 54, 137. 

^ James, clerk of court, 200. 

in Home, 84. 

cordiner in Ednam, 65. 

■ in Park End, 153. 

John, minister at Lantrive, 

169." 

cordiner, 89, 90,. 94. 

tailor in Kelso, 158. 

fined for scandalous language, 

I9S- 



Dickson, Margaret, 35, 42 ; fined for 

assault, 10, 112. 

Robert, 8, zo. 

William, in Ednim, 84, 109. 

in Oxmoor, 172. 

Dinmonts, price of, 77. 
Dods, James, 159. 

John, baron court officer, 210. 

— — Mark, 25. 

Doiialdson, James, 6, 14, 21 ; fined for 

assault, 7. 

in Ednam, 135. 

John, 2, 10, 12. 

fined for bloodwyte, 31. 

Will., in Hassingden, ig6. 

Double multure, 73. 
Douglas, Marion, 72, 96, 97. 

Thomas, schoolmaster, 213, 224. 

Dow, John, in Nenthorn, 20. 

Margaret, 20. 

Dowcat Mains, 100. 

Downie, William, in Runningburn, 

211,213,214. 
Dress of the common people, xx. 
Drunkenness, act against, 4 and n. 
Duncan, Helen, 60. 
Dundas, sir Robert, of Amiston, 231. 
Dykes, act anent making dykes, 50. 

penalty for breaking, 140, 184. 

repair of, 95. 

Easton (Eiston), Alexander, 38. 

Andro, in Runningburn, 26. 

Katherein, 40, 46, 47, 52, 54, 55, 62. 

Edgar, Robert, in Rummeltonlaw, 78. 
Edmonstoun, Issobell, 170. 

Nellie, 109. 

Education compulsory, xxiv. 103 and 

n, 122. 
Elliot, Magdalen, wife of sir John 

Pringle of Stitchill, 231. 

Margaret, fined for scandal, 4. 

Walter, fined for assault, 39. 

Ennle-sheitt, 121 and «. 

Ewes, price of, 69, 73, 77, 93, 172 

Fairbairn, Archibald, miller at 
Ednim, 130. 

Elspeth, 81, 118, 121. 

James, 9, 10, 14 ; fined for buying 

bridal bread, 47. 

John, in Bowes, 108, 

charged with scandal, 150. 

Margaret, 19. 

Richard, 24, 25, 52. 

Robert, 11, 39; fined for dis- 
obeying the baron bailie, 153. 

Thomas, 52. 

Fallsyde, Issobell, 12. 



INDEX 



241 



Fast-days, xxix. 

Fees. See Wages. 

Feudalism in Scotland, xi, xiv. 

Fines for drunkenness, etc., to be 
handed over to the kirk-session, 5 
and n ; list of, 222. See also under 
separate entries, as Assaults, Deforce- 
ment, etc. 

Fleemrigg, 173, 189, 190. 

Ford, William, 75. 

Forrest, David, clerk of court, 199. 

French, Ede., juryman, 2. 

George, 7, 10, 11, 14, 19, 22, 26, 

34« 35 ; fined for assault, xxiii, 9 ; 
fined for keeping swine in summer, 
24, SS > fined for abstracting mul- 
tures, 36. 

Johne, 17, 34, 41 ; fined for 

defamation, xiii, 58. 

Robert, fined for assault, 39. 

William, 14. 

Galalaw, 173. 
Galbraith, John, 5. 

Margrat, 152. 

Thomas, 90, 137, 149 ; fined for 

deforcement, 90 ; fined for scandal, 

ISO- 
Gardiner, Alex., weaver, 177, 181, 
187 ; fined for assault, 167, 182. 

Ninian, 187 ; fined for assault, 

178, 192. 

Geese, regulation anent the keeping of, 

45- 
Geills, Andro, in Home Byres, 85. 
Gib, George, in Home, 154. 
Gibesone, Robert, 19. 
Giifen, Alexander, 27, 45, 46, 49, 52, 

60. 

Andro, 2, 4, S, 9, 11, 12, 14-18, 

passim. 

Margrat, 68. 

Patrick, 27, 34, 36, 49, 52, 64. 

Robert, 83, 84, 98, 140, 1 41, 153, 

171 ; fined for assault, 86. 
Gillespy, John, in Maynrigg, 134. 
Glasgow, Patrick, 172, 196 ; fined for 

removing a poinded horse, 167. 
Glen, John, minister, 224. 
Gordon, sir John, of Lochinvar, sells 

Stitchill to Pringle, 231. 
Gottal, 14. 
Gotterstone or Guttersone, Catherine, 

194. 

Isobell, 194. 

Robert, 39. 

William, 41, 51. 

Gottraw. See Guthrie. 
Graip, 81. 



Grass main, 10, 21, 26, 28, 32, 35, 38, 

42, 44. 76, 13s. 136. 204. 

Gray, Thomas, in Smailholme, 41, 
42. 

Greenslae, Alexander, 80. 

Walter, 80. 

Grieve, James, in Tofts, 43. 

Grigor, Peter. See M'Gregor. 

Gunn, rev. George, minister of Stitchill, 
236. 

Guthrie (Gotrae, Guttraw), Alison, 98, 
99, 100. 

James, minister, 226, 227. 

Jane, 26. 

Joanet, 46,47, 52, 55. 

John, 14, 20, 33, 34, 37, 43, 44, 

51 ; fined for assaulting his brother, 
18 ; fined for keeping swine in 
summer, 24; fined for illegal posses- 
sion of a house, 31. 

Richard, 2, 6, 7, 11, 19; fined 

for ' bloodwyt,' 18 ; fined for keeping 
swine in summer, 24 ; fined for 
Sabbath profanation and bloodwyt, 
124; fined for assault, 141. 

Guttersone. See Gottersone. 

Haggart. See Hogarth. 

Haig, Thomas, in Stitchill snuff-mill, 

210. 
Haining, lady, 228. 
Haitly, Margaret, 192. 
Half-crown penalties, 1 14 and n. 
Half-pennies, scarcity of, 199. 
Haliday, Joan, fined for contempt of 

court, 176. 

Robert, 165. 

Hall, James, bourlaw officer, 8. 
Halyburtone, Thomas, schoolmaster, 

43, 44, 224. 

Hamilton, Adam, 70 ; fined for con- 
cealing unteinded corn, 25. 

Alexander, in Maynrig, 169. 

weaver, 90. 

Alisoune, 9, 7, 78. 

Andro, minister, 100. 

Ed., 2. 

George, 7, 10, 12, 52, 158; fined 

for riots, 80 ; fined for breaking 
stable, 89 ; fined for breaking dykes, 
184. 

Henry, in Queenscairn, 19, 144. 

James, 10, 14, 18, 87. 

John, 56, 90, 184; fined for 

negligence, 34. 

Katherine, lady Stitchill, 8 and 

n, 16, 18, 25, 28, 32and«, 34, 35. 

Magdalen, 105, 108. 

Robert, 2, 3, 12, 15, 26, 40, 56 ; 



a 



242 



BARON COURT OF STITCHILL 



fined for keeping swine in summer, 
24; fined for abstracting hummle 
corn, 71 ; fined for stealing pease, 
80. 

Hamilton Thomas, 2. 

Handyside, Joanet, in Kelso, 51. 

Harden, 130, 179. 

Harvest fees, 8, 17, 43, 70, 74, 84, 87, 
91, 96-98, 107-110, 112, 119, 133, 

13s. 141. 144- 
Hay, James, weaver, 202. 

John, weaver, 199. 

Headstones, removal of, 158. 
Henderson, Adam, 67. 

or Henryson, Issobell, fined for 

scandal, 175. 

John, 5, 38; fined for assault, 9, 

10. 

Margaret, 192. 

Thomas, 14, 24, 28, 38, 137, 138 ; 

fined for assault, 9, 10, 
Herd's fee, 43. 

Herdsmen, regulations for, 15, 16. 
Heritable jurisdictions, abolition of, xi, 

xiv. 
Herring, 87, 108. 
Hewatt, Richard, in Queenscairn, 207- 

210, 213, 214. 
Heymer, James, 212. 

Robert, 191, 202. 

Hill, Joan, fined for deforcement, 

126. 
Hislop (Heislope, Hyslop), Alexander, 

118, 132, 140, 144, 160, 164. 
John, fined for throwing his ser- 
vant into the fire, 208. 

Thomas, fined for scandalous 

language, 195. 

Hog or Hogge, Alexander, in Home, 19. 
Edward, 3. 

James, litster, 65 ; fined for 

assault, 64. 

weaver, 118. 

Robert, 56, 58; fined for con- 
tempt of court, 23 ; fined for rioting 
and assault, 47-48, 57. 

Hogarth (Haggeard, Hoggart), Adam, 
2, 6, 7, 12, 17, 39, 49, 56, 58, 130. 
152, 165, 169 ; fined for abstracted 
multures, 123 ; fined for deforce- 
ment, 132. 

Agnes, 134. 

Alexander, 26. 

Alison, 194 ; fined for breaking a 

fir, 161. 

Andro, 14, 17, 19, 20, 24, 51, 52, 

144, 151, 153, 156, , 165 ;r fined for 
assault, 29 ; fined for buying bridal 
bread, 42. 



Hogarth, David, fined for keeping 
swine in summer, 24 ; fined for a 
riot, 71. 
Issobell, fined for scandal, 175. 

James, in Bailie Knowe, 208, 

210, 213. 

in Maynrigg, 130, 132, 142, 

144. 

John, 22, 41, 43, S3; fined for 

assault, 47-48 ; fined for opprobious 
speeches, 54. 

Marion, fined for deforcement, 

126. 

Robert, 132 ; fined for house- 
breaking and assault, iii. 

Thomas, 12, 22, 23, 53, 55 ; fined 

for assault, 63. 

William, 2-4, 7, 9, 10, 17, 19, 

24, 43, 58 ; fined for assault, 24 ; 
fined for keeping swine in summer, 

SS- 
Home, 6 and «. 

Alexander, minister, 224. 

David, in Home, 96. 

Homebyres, 42. 
Hope, George, 20, 37. 

in Park End, 97. 

Margaret, wife of Robert Pringle 

of Stitchill, I n, 231. 

William, 167 ; fined for a riot, 

176, 

Hopper, Alex., 112. 

Henry, 2, 6, 8. 

John, 138. 

Robert, 25, 36, loi, 133, l68 ; 

fined for blood wyte, 71. 

William, 9, 11, 17, 20, 83. 

Horsburgh, John, 90. 

Horses, 61 «, 62, 67, 75, 118, 

153, 154, 164, 165, 172. See also 

Mares. 
Hose, 88. 

House-breaking, ill. 
House rent, 20, 87, 145, 152, 202. 
Hud, Andro, in Rummilton Law, 85. 
Humly Knows, 16. 
Hummle corn, 71 and «, io5, 107, 177, 

220. 
Hundalee, 162. 
Hunter, Maissie, 8. 
Hutson, John, merchant in Kelso, 
142. 

William, 20 ; fined for riot and 

straickes, 57. 



Illegal possession, 31. 
Immery, William, inn-keeper, 210. 
Infield Croke, igo. 
Inglis, Jannett, in Lochtoune, 134. 



INDEX 



Inglis, Thomas, in Hume, 8. 

Innes, Joan, fined for going over a 

hedge, .176. 
Iron girth, 20. 

Jamieson, Bessie, 17. 

Japhrae, William, in Homebyres, 179. 

Johnstone, Elspeth, in Blakader, 114. 

George, 94, ii6. 

in Eastfield, 213, 214. 

James, 54 ; in Queenscairne, fined 

for deforcing the bourlaw officer, 

106. 
Janet, 12, 20; fined for slander, 

5- 

Peter, in Sweethope, 213, 214. 

William, in Overmayns, 133. 

Jurymen, election of, 2 and »; fined 

for absence, 11. 

Kaill plants, 130. 

Kayne fowls, xiv, 12, 33, 34 and «, 
36, 80, 128, 215, 220. 

Kaynes of Sweethope, 36. 

Keith, William, schoolmaster, 103, 

. 224. 

Kennedy, William, in Hareheught, 
210. 

Ker, sir Andrew, of Greenhead, a 
prisoner in Edinburgh castle, 228. 

■ col. Gilbert, 227. 

James, merchand in Kelso, 71. 

at Stitchill mylne, 84, 87. 

Mark, 91, 97, 109. 

• sir Robert, xxxiii. 

Thomas, 15. 

Kiln, setting fire to, 8. 

Kirk-sessions, discipline of, xxvi ; sen- 
tences to be enforced by the baron 
court, 21, 33. 

Laidley, Agnes, 198. 

(Ladla), George, in Ednam, 195. 

Lamb, Agnes, 161, 163 ; fined for 

deforcing a sheriif-officer, 126. 
Euphan, 72 ; fined for scandal, 

4, S- 

James, 2, 81. 

yr. in Over Stitchill, fined 

for assault, xxiii, 2z. 

Janet, 137, 152. 

John, in Maidenhall, 149. 

Robert, 82. 

Thomas, 2, 10, 11, 18. 

Landreth, William, in Sweethope, 

207. 
Laurie (Lowry), Alex., 2, 6, 7, 20, 29, 

43, 49, 77, 89 ; fined for deforcement, 

73- 



Laurie, Alisone, 56, 172. 

George, in Queenscairn, 197, 

200-206. 

Issobell, 5. 

James, 12, 19, 31, 32, 34, 192, 

-John, 4, 6, 7, 9, 27, 35, 172, 

188 ; fined for keeping swine in 

summer, 24; fined for assault, 28, 

56, 185. 

Thomas, 24, 63, 154. 

Walter, in Rinningburne, 81, 89, 

93. 94, 96. 97, 99. 104, 105, 109; 

fined for abstracting grain, 106. 
William, procurator fiscal, 8, 71, 

73, 79, 85, 86- 
Learmount, Barbara, 4. 
Lee, Agnes, 141. 
Leitche, James, 53. 
Leith, James, herd, 53. 
Leithheid, James, 65, 69, 71, 75, 76. 

Samuel, 69. 

Lennox, James, procurator-fiscal, 9. 
schoolmaster, xiii, 6, 21, 33, 

224. 
Lidgait, James, 47-49, 64. 
Liggaitt, Robert, 123, 133. 
Lillie, Agnes, 64, 68-70, 78. 

James, 18. 

^ John, smith in Stitchill, 26, 34, 

35. 37. 40. 46 passim. 
Robert, smith in Stitchill, 6, 10, 

14, 18, 19, 24, 26, 28, 34 passim ; 

fined for assault, 31, 96. 
Lindores, John, in Home, 167. 
Linen, 66, 84, 119, 130, 149. 

Alexander, 196, 210-ZI3. 

George, gardener, 199. 

Lint, 70, 120, 168, 197 ; placing of 

lint in lochs, etc., forbidden, 86, 

IIS, 116, 147, 148, 162. 
Lint seed, 130, 186. 
Livingstone, John, minister at Ancrum, 

227. 
Lochtoune, 134 and «. 
Locke, Josua, gardener at Neuton, 

'69. 
Lockie, James, minister in Stirling, 

225. 
Long Riggs, 189, 191. 

Macdowell, James, fined for buying 

bridal bread, xvi, 37. 

Margrat, 66. 

William, 60. 

McGregor, Peter, 159, 163, 164, 168, 

172, 174, 178, 181. 
Mack, John, in Gordon Mains, 167. 
Maclaurin, James, in Parkend, 213, 

214. 



24.4 



BARON COURT OF STITCHILL 



Macleod, Elizabeth, wife of sir James 
Pringle of Stitchill, 232. 

Emilia Anne, wife of sir John 

Pringle of Stitchill, 232. 

Maills, 28, 30, 34 and «, 40. See also 

Grass Maills. 
Main, John, 202. 
Maison, George, at Neuton miln, 

iSi. 

William, 60, 125. 

Maisson, Alexander, 52. 

Malt, 96, 125, 137. 

Manderstone, James, in Harlae, 164. 

March stones, removal of, 187. 

Mares, prices of, 28, 59, 60, 62, 66, 87, 

128, 149, 154, 168. 
Marjoribanks, James, Wright, 154. 
Simon, 202 ; fined for contumacy, 

I7S- 

Marshall, Alexander, in Home, 141. 

Andro, fined for assault, 129. 

Johne, in Home, 59. 

Margaret, 75, 128. 

Mather, James, 135, 137. 

John, weaver in Kelso, 153. 

Matthew, James, 116. 

Meal, xviii, 69, 78, 94, 99, 129, 134, 
140, 15s, 166, 169, 172, 174, 
204. 

Mealmakers, 147, 148. 

Meilke, John, in Mellerstayn, 154. 

Mein, John, fined for abstraction of 
grain, 107. 

Middlemost, Nathaniel, sequestration 
of, 199- 

Militia act, breach of, 53 and n. 

Mill regulations, 16 and », 22, 23 ; 
thirlage, xv, 16 and n, 29 and » ; 
abstracted multures, 36-37 and n, 
42-44, 73, 106 and «, 107, 112- 
113 and n, 123; complaint against 
the Stitchill miller, 46 ; conveyance 
of millstones, xvi, 88 and « ; tenants 
to bring home mill axle-trees, 112, 
113 n; divots and thatch to be 
provided by tenants, 152, 169. 

George, in Sweethope, 210. 

Jenett, 97, 144. 

(Mylle), Thomas, 25, 89. 

William, 58, 72, 99. 

Miller, George, at Stitchill mill, 89. 

John, fined for assault, 174 ; fined 

for contumacy, 178; fined for con- 
travention of arrestment, 182. 

Patrick, i ij ; fined for con- 
tumacy, III. 

in Dunse, 137. 

in Sweethope, 135, 141, 

155- 



Miller, William, in Henderside, 195, 

196. 
Mill-stone silver, 10, 21, 221. 
Ministers, list of, 224. 
Moffat, Adam, fined for piping at 

bridals, xxxv, 
William, 10, 22-24, 42) 54. 61 ; 

fined for buying bridal bread, 37. 
Muck, price of, 78. 
Muckitland oats, 76. 
Muirehead, Margaret, fined for scandal, 

4, 5 ; fined for contempt of court, 

23- 
Multure. See Mill. 
Murdy, Andro, 114. 
Murrie, George, in Coldstream, 75. 
Mylle. See Mill. 

Naigs. See Horses. 
Neill, Adam, 81. 
Nenthorne, 3 and «. 
Newhall, 1 n, 231. 
Nisbet, Andro, 2, 40, 42. 

George, 22, 64, 75-77- 

Issobell, 80, 86. 

William, 2-5, 7, 9, 11, n passim. 

Oatmeal. See Meal. 

Oatrig, 190. 

Oats (Aits), xviii,i'i9, 20, 25, 74, 76, 

78, 81, 89, 91, 104, 131, 133, 137, 

138, 153, 161, 169. 
Opprobrious speeches, 54, 64. See 

also Defamation : Scandal. 
Ormestoune, Issobell, in Queenscairne, 

68, 98. 
Oxcroft, 191. 
Oxen, 38, 90. 

Paddon Loch, 173. 
Patersone, Agnes, 20. 

Elspeth, 166. 

George, 7. 

commissary officer, Kelso, 

126. 

in Galloshealls, 75. 

James, in Togo, 39. 

John, weaver, 158. 

Pearsone, Johne, in Hassingtoune, 59. 
Thomas, notary public, 15, 17, 

18, 23, I"], passim, 
in Nenthorne Burne Brae^ 

3- 
Pease, 19, 22, 62, 67, 74, 75, 78, 94, 

123, 130, 133, 158. 
Peats, 14, 59, 75, 78, 79, 100, 104, 

144. 
Peatt, Richard, 14. 
Peirie, Andro, in Prestounpans, 144. 



INDEX 



245 



Penny bridals. See Weddings. 
Plaiding, 65, 8i. 
Ploughing, 62, 148. 
Poaching, 147. 

Potts, Charles, nottar in Kelso, 188. 
Precentor's salary, 21. 
Prestoune, James, 14 ; fined for con- 
tempt of court, 34. 
Prices of chief articles mentioned in 

the records, 221, 223. 
Pringle, Andro, 3. 
Anne, daughter of Walter Pringle 

of Greenknow, 229. 

Francis, of Homebyres, 42. 

of Rowingstoune, 55 and 

n, 

George, of Newhall, 231. 

in Kelso, 85. 

maltman, 69, 70, 72, 79- 

Gilbert, son of sir John of 

Stitchill, 231. 

Issobel, 6, 14, 17, 25, 34. 

spouse to James Wilson in 

Kelso, 164. 
sir James, of Stitchill, 207 and n, 

210, 224, 232. 
James, notary public, 67, 71, 74, 

77- 

Janet, wife of Walter Pringle of 

Greenknow, 20 and n, 226. 

sir John, 3rd of Stitchill, 107 and 

«, 108, 180 and «, 224, 232. 

sir John, 6th of Stitchill, note on, 

232. 
sir John, bart., M.D., note on, 

232. 233. 

John, of Smailholme, 10 «. 

Katharine, daughter of Pringle of 

Torwoodlee, 232. 
daughter of Walter Pringle 

of Greenknow, 226, 228. 
Margaret, daughter of Pringle of 

Torsonce, 231. 

Norman, 233. 

Robert, of Newhall, 231. 

Robert, 1st of Stitchill, i and «, 

231. 

sir Robert, 2nd of Stitchill, i and 

«, 16, 23-28 passim, 93 and n, 107 
n, 206 and », 223, 224, 231. 

4th of Stitchell, note on, 

180 n, 183, 224, 232. 

Rt. Hon. Robert, secretary for 

war, 231. 

Robert, merchant in Plome, 148, 

154, 163, 168. 
Thomas, W. S. , 23 1 . 

Walter, of Greenknow, xxxi, i 

and K, 3 n, 223, 224, 231. 



Pringle, Walter, of Graycrook, advo- 
cate, 32 and », 55 n, 231. 

sir Walter, of Lochton, I k, 134 

», 231. 

Walter, of Torsonce, sheriff of 

Roxburghshire, 232. 

Walter, advocate, 40 and », 41. 

of Whitebank, 225. 

Pringles of Stitchill, genealogy of, 

234- 
Provocation, fines for, 54, 57, 
Pundlers, 8 and n, 37. 
Puntan, Jannett, 114, 157. 
Purves, Culbert, 66. 
Issobell, fined for deforcement and 

scandal, 176. 

James, 93, 99, 100. 

Jean, 128. 

Margaret, 107, 108. 

Peter, 63, 128. 

William, in Stitchill, 87. 

QuEENSCAiRNE, 29 and «, 173, 189. 
Quhiggenshall, Thomas, fined for 

assault, 9, II. 
Quhyte. See Whyte. 

Ramsay, William, fined for riots, 

80. 
Redpath, George, minister, 224. 

servitor, 135. 

Rentals, 38, 40, 45, 56, 75, 87, 145, 

202. 
Richardson (Richisone), Adam, 144. 

James, 61. 

John, fined for removing unteinded 

corn, 121. 

Margrat, 72, 88. 

Riots, 22, 35, 36, 47, 48, SI, 71, 80, 

go, 96, III, 112, 157. See also 

Assaults. 
Riv land, 61 «, 62. 
Robertson (Robysone), Alexander, 59, 

62, 66, 77, 82, 87. 
Andro, fined for assault, 47, 48, 

SI- 

David, gardener, 78. 

James, fined for cheating at teind- 

ing, 117 and «. 

John, 121, 140; fined for cal- 
umny, 104. 

Rottins, 184. 

Runningburn, 173, 189, 190. 

Rye, 72. 

Sabbath Profanation, xxiii, 124. 
Sack, 133, 134. 
Sacking cloth, 158. 
Sang schools, xxxv. 



246 



BARON COURT OF STITCHILL 



Scandal, 58, 64, 157, 175, 176, 186, 

187, 195- 

Schoolmaster's salary, 6, 21, 33, 43, 
44, 82, 103, 163, 187, 189, 194. 

Schoolmasters, list of, 224. 

Scolding, S, 23. 

Scotland under Cromwell, ix-x, xiv ; 
literature of the common people, 
xxxii ; games, xxxiii ; songs and 
ballads, xxxv ; witchcraft, xxxvii. 

Scott, Alexander, fined for a spuilzie, 

157- 

Andrew, minister, 224. 

Cirstan, 5, I4- 

John, dyster, 183, 184, 185, 186. 

Margaret, wife of John Pringle of 

Stitchill, 19, 26, 30, 32 and «, 36, 

38, 40, 41, 56. 

of Queenscairne, 77i ^""J ^- 

Walter, in Baillie Know, 193, 194, 

195 ; fined for scandal, 157. 
Scougall, John, 126. 
Service, Dorritie, 68. 

James, 74, 94. 

Wilham, 42, 74, 78, 92 ; fined 

for hiding a militiaman, 53. 
Shearing, 72, 76. 

Sheep, 53 ; pulling wool off sheep, 115. 
Sheep-folds, 158. 
Sheill, Andrew, 172. 

James, 159. 

Shoes, 75. 89, 91, 179. 

Silver maills, 32. 

Sim, Alexander, 196. 

Arthur, an absconding debtor, 

.193- 
Simm, Thomas, 125, 148. 
Simson, Peter, in Parkend, 211. 
Sinclair, Henry, charged with assault, 
96. 

John, in Haryheuch, 129, 144. 

'— Robert, in Home, 105. 

Sked, William, in Falsyde, 75, 
Sklaitter, Thomas, at Newton mylne, 

134- 

Slander, xxiii, 6. 

Smailholme, 10 and ». 

Small, Alexander, wright, loi. 

Smith (Smythe), Abhm., juryman, 2. 

T- Alexander, in Legars, 210, 213. 

George, 9, 23 ; fined for blas- 
phemy, 4. 

John, schoolmaster, 197, 224. 

at Park End, 78. 

fined for assault and con- 
tempt of court, 135. 

Margaret, 53. 

Smithy fees, 26 and «, 56, 58, 65, 74. 

Smitton, John, burlawman, 198. 



Smuggling, 147, 148. 

Snuff-mill, 210. 

Soldiers' billeting, 13 and «, 123 and «. 

Sounnis, Agnes, 142. 

Spiers, Adam, fined for calumny, 208. 

Spinning, 128. 

Stable breaking, 89. 

Staigs' grass, 61 and «. 

Starke, rev. David, minister at Stitchill, 
xxvi, 5 n, 34, 44 and », 224. 

David, fined for assault, 63. 

Steill, James, 103 ; fined for abstracted 
multures, 123. 

Stevisone, Edward, in Humebyres, fined 
for assault, 30. 

Issobell, 21, 31-33, 36. 

James, in Hume Byres, 159; 

fined for removing a horse, 167. 

Johne, in Humebyres, 27. 

Stewart, John, in Stitchill mill, 73, 83. 

Stitchill, description of, xii ; proprie- 
tors and tenants of Stitchill house, 
231, 236. 

Place, 29 and n, 30. 

lady. See Hamilton, Katherine. 

lady, younger. See Scot, Mar- 
garet. , 

Stots, price of, 52. 

Stott, Alexander, 83. 

Cirstan, fined for contempt of 

court, 23. ' 

Straiton, James, minister, 228. 

Sudden, Thomas, 203. 

Sugar loaves, 83. 

Sumptuary laws, xx, 97. 

Swanston, And., in Hume, 196. 

Bessie, in Home, 142. 

William, in Hume, 37. 

Swearing, fines for, 4, 5. 

Sweethope, 189, 191. 

Swine, acts relating to, 171 ; fines for 
keeping swine in summer, 2 and «, 
24, 28, 55, 181. 

Taylor (Taylzeour), George, gar- 
dener at Berwick, 126. 

r James, fined for the spulzie of a 

naig, 106. 

Richard, in Queenscairne, 68, 74, 

87. 94, 97. 1 10, 112, 137, 140, 154; 
fined for a riot, 57 ! fined (or lead- 
ing unteinded corn, 80 ; fined for 
deforcing the bourlaw officer, 106. 

Robert, in Queenscairne, 4, 43, 

73, 83, 145 ; fined for leading un- 
teinded corn, 80. 

William, in Queenscairne, 20, 23, 

24, 55 ; fined for assault, 145. 

Teinds, xv, 2 and «, 22, 26, 35, 81, 95, 



INDEX 



247 



19S. 215; concealing unteinded com, 
25 ; unteinded corn, 80, 121 ; teind 
frauds, 117 and n. 

Templehall, Berwickshire, 231. 

Tenants, act of parliament anent, loi- 
102 ; service to the laird, 107. See 
also under Mill. 

Thirlage, xv, 16 and «, 29 and n, 36- 
37 and n. 

Thomson, Bessie, 17. 

Issobell, 25. 

James, 24, 26, 27, 52, 90, 94, 

196. 

John, 15, 57, 90. 

Mathew, g, 90 ; fined for deforce- 
ment, 35, 57. 

William, 49, 90, 132, 142. 

Threshing, payment for, 67, 99. 

Tilling, cost of, 131, 161. 

Trees, cutting of, xvi, 38, 50, 80. 

planting of, 49, 50, 53, 55, 56, 

Trespassing, 12, 16, 42, 46, 50, 139, 

181. See also Apprised corn. 
Trotter, Beatrix, 133. 

Issobell, 55. 

Joan, 129. 

Margaret, 17, 21. 

Robert, in Hume, 211. 

Turn bull, Adam, in Home, 166. 

Bessie, 82. 

Cathrein, 88, 89. 

Hector, 97, 118. 

Issobell, 3, II, 14, 38; fined for 

scolding, 5 ; fined for assault, 7- 

James, 165, 176. 

(Trumble), Margrat, 66, 79, 84, 

85, 87, 93, 97, 105, no; fined for 

assault, 174. 

William, 11, 49, 76. 

Turner, John, Schoolmaster, 65, 81, 

224. 

in Carchesters, 87. 

in Nether Stitchill, 85. 

William, 174. 

Turten, John, in Eist Gordoun, 109. 

Underwood, Johne, 13, 40, 47, 50, 

51, 56, 90, 188. 

Margrat, 77. 

Thomas, 91, no, 126, 142, 199; 

fined for deforcing a sheriff ofiicer, 

126. 

schoolmaster, 224. 

Urmestoune, Marke, in Smailholme, ro. 
Utterstone, Gavin, fined for riot, 79, 80. 

Vair, Thomas, 8, 72. 

Veitch, William, covenanter, xxx, 29 n. 



Vicarage teinds, 12-13 ^^^ "> 9Si H? 
and n. 

Waddell, Robert, weaver, 192. 

Wady, Mungo, 12, 19, 20. 

Wages, xxi, 3, 7, 10, 11, 13, 14, 17, 23, 
24, 32, 40, 42, 44, 53, 55, 58, 62, 63, 
66, 67, 75, 77, 78, 80, 81, 83, 84, 86- 
89. 95. loS. 106, 119. 122, 133, 167, 
183, 185. See also fiarvest fees. 

Wain, carriage of, 104. 

Waitt, John, fined for taking away a 
grey mare, 179. 

Robert, 97, 121. 

Walker, Andrew, in Kaimflatt, I'll, 
166. ^ 

James, in Linton Park, 70. 

Watson, Andro, in Queenscairne, fined 
for leading unteinded corn, 80. 

James, waulker, 118, 124. 

John, in Queenscairne, 145. 

in Stitchill miln, 204. 

William, gardener, 40, 73. 

Waugh, Thomas, in Caldron Brae, 210. 

Waulk mill charges, 163 ; act relating 
to the waulk mill, 124 and n, 138. 

Weavers, 50, 90, 147, 148; fined for 
keeping untried weights and mea- 
sures, 120. 

Weaving, 94. 

Weddel, Joannet, 12. 

Wedding regulations, xvi, xxxiv, 22, 
37. 42. 43. 47. 215 ; sumptuary 
laws, 97 ; dues, 103. 

Weights and measures, 84, 120, 147. 

Weir, Robert, in Park End, 162, 163. 

Welsh, John, 10. 

Thomas, in Dowcatt Mains, 100. 

William, 18. 

Whale, Andrew, schoolmaster, 183 and 
«, 187, 224. 

Whins, cutting of, 120, 171, 182, 184, 
185. 

White (Quhyte), Adam, 10, 20. 

Thomas, soldier, pensioned for 

wounds received at Dunbar, xii, 3 
and n. 

r in Over Stitchill, 62, 72. 

William, weaver, 202. 

Whytlie, Robert, in Darnchesters, 179. 

Wilkie, Thomas, minister at Lilliesleaf, 
225. 

Willobie, Thomas, merchand in Ber- 
wick, 82. 

Wilson, Andro, fined for contumacy 
and calumny. III. 

Barbara, ill. 

George, maltman, 137. 

James, 6, 15, 27, 36, 38, 164. 



248 



BARON COURT OF STITCHILL 



Wilson, Johne, 17, 91. 

in Craig End, 85. 

called ' Sobber John,' fined 

for assault, 63. 
fined for cheating at teinding, 

117 and n. 

Mark, 15. 

William, schoolmaster of Stitchill, 

135, 224. 

in Bailie Knowe, 206, 207. 

Windrim, Alexander, 15, 18, 20. 
John, 14, 17, 18, 47, 60; fined 

for assault, 48. 
Witchcraft, xxxvii. III and n. 
Wood, Andro, at Sisterpath waulk- 

mylne, 105. 

George, in Greenknow, 67. 

in Rummelton Law, 100. 



Wood, James, 3, 8, 10, 20. 
John, 14, 36, 58. 

Nicholas, fined for scolding, 

23- 
Thomas, fined for defamation, 57, 

63. 
Wool, 129 ; not to be pulled off sheep, 

lis. 
Wort-stain, 84. 
Wylie, Alexander, 203. 

Yarn, 118. 
Yeaman, Thomas, 129. 
Young, Gustavus, 59, 72. 
Younger, Agnes, 174. 

John, I2S, 128, 133, 134, 140, 

152, 154, 157. 



Printed by T. and A. Constable, Printers to His Majesty 
at the Edinburgh University Press 



^cotti0l) i^tstorp ^ocietp 



LIST OF MEMBERS 

1904-1905 



LIST OF MEMBERS 

Adam, Sir Charles E., Bart., 5 New Square, Lincoln's Inn, 

London. 
Adam, Thomas, Hazel Bank, Uddingston. 
Agnew, Alex., Procurator-Fiscal, Court-House Buildings, 

Dundee. 
Aikman, W. Keith, LL.B., W.S., 6" Drumsheugh Gardens, 

Edinburgh. 
Aitken, Alfred N. G., S.S.C, 12 Queen Street, Edinburgh. 
Aitken, James H., Gartcows, Falkirk. 
Allan, George, Advocate, 33 Albyn Place, Aberdeen. 
Allan, James, Redtower, Helensburgh. 
Anderson, Archibald, 30 Oxford Square, London, W. 
10 Anderson, J. N., Provost of Stornoway. 

Andrew, Thomas, Balkerach, Doune, Perthshire. 
Armstrong, Robert Bruce, 6 Randolph Cliff, Edinburgh. 
Arnot, James, M.A., 57 Leamington Terrace, Edinburgh. 
Atholl, The Duke of, Blair Castle. 
Ayling, John, J.P., 22 Inverleith Place, Edinburgh. 

Baillie, Roxald, Advocate, Jedbank, Jedburgh. 
Bain, Walter, Derclach, Ayr. 
Baird, J. G. A., M.P., Wellwood, Muirkirk. 
Baird, William, Clydesdale Bank, Portobello. 
20 Balfour, C. B., M.P., Newton Don, Kelso. 

Balfour, Hon. J. M., 6 Rothesay Terrace, Edinburgh. 

Ballingall, Hugh, Ardarroch, Dundee. 

Bannerman, W. Bruce, Tlie Lindens, Sydenham Road, Croydon, 

Surrey. 
Barclay, George, 17 Coates Crescent, Edinburgh. 
Barclay, R., Bury Hill, Dorking. 

Barron, Rev. Douglas Gordon, Dunnottar Manse, Stonehaven. 
Bartholomew, John, LL.B., Advocate, 60 Castle Street, 

Edinburgh. 
Begg, Ferdinand Faithful!, 24 Lansdowne Road, London, W. 



LIST OF MEMBERS 3 

Begg, Peter, Dunrona, 5 Hermitage Drive, Edinburgh. 
30 Bell, A. Beatson, Advocate, 17 Lansdowne Crescent, Edinburgh. 

Bell, Joseph, F.R.C.S., 2 Melville Crescent, Edinburgh. 

Bel], Captain Laurence A., R.N., 1 Eton Terrace, Edinburgh. 

Bell, Robert Fitzroy, Advocate, Temple Hall, Coldingham. 

Berry, William, Advocate, 4 AthoU Crescent, Edinburgh. 

Beveridge, Erskine, LL.D., St. Leonard's Hill, Dunfermline. 

Black, Alex. W., M.P., W.S., 5 Learmonth Terrace, Edinburgh. 

Black, James Tait, 33 Palace Court, Bayswater Hill, London, VV. 

Black, John S., LL.D., 6 Oxford Terrace, Edinburgh. 

Blaikie, Walter B., 6 Belgrave Crescent, Edinburgh. 
40 Blair, Patrick J., Sheriff-Substitute of Dumbartonshire, Rock 
End, Helensburgh. 

Bonar, Horatius, W.S., 3 St. Margaret's Road, Edinburgh. 

Broun- Morison, J. B., of Finderlie, Harrow-on-the-Hill. 

Brown, Professor Alex. Crum, 8 Belgrave Crescent, Edinburgh. 

Brown, J. A. Harvie, Dunipace" House, Larbert, Stirlingshire. 

Brown, Prof. P. Hume, LL.D., 20 Corrennie Gardens, Edin- 
burgh. 

Brown, William, 26 Princes Street, Edinburgh. 

Brownlie, James R., 220 West George Street, Glasgow. 

Bruce, Alex., Clyne House, Sutherland Avenue, Pollokshields. 

Bruce, James, W.S., 59 Great King Street, Edinburgh. 
50 Bryce, Right Hon. James, M.P., LLD., 54 Portland Place, 
London, W. 

Bryce, William Moir, Dunedin, Blackford Road, Edinburgh. 

jBuchan, William, Town Clerk, Peebles. 

Buchanan, A. W. Gray, Parkhill, Polmont, N.B. 

Burns, Alan, B.A., Advocate, Cumbernauld House, Cumber- 
nauld, Glasgow. 

Burns, Captain John William, Kilmahew, Cardross. 

Burns, Rev. Thomas, Croston Lodge, Chalmers Cres., Edinburgh. 

Burnside, W., The Croft, Bromley Road, Catford. 

Bute, The Marquis of, Mountstuart, Isle of Bute. 

Caldwell, James, Craigielea Place, Paisley. 
^0 Cameron, Dr. J. A., Firhall, Nairn. 



4 LIST OF MEMBERS 

Cameron, Richard, 1 South St. David Street, Edinburgh. 
Cameron-Swan, D., Craig Bhan, Mayfield Road, Sanderstead, 

Surrey. 
Campbell, A. B., W.S., 12 Lansdowne Crescent, Edinburgh. 
Campbell, Rt. Hon. Lord Archibald. Coombe Hill Farm, 

Kingston-on-Thames. 
Campbell, General B., of Blythswood, Renfrew. 
Campbell, D. S., 186 High Street, Montrose. 
Campbell, J., of Kilberry, Argyllshire. 

Campbell, Rev. James, D. D., the Manse, Balmerino, Wormit, Fife. 
Campbell, Rt. Hon. James A., P.C, M.P., Stracathro, Brechin. 
70 Campbell, P. W., W.S., 25 Moray Place, Edinburgh. 

Campbell, William, K.C., 12 Randolph Crescent, Edinburgh. 
Carmichael, Sir Thomas D. Gibson, Bart., Castlecraig, Dol- 

phinton, N.B. 
Carne-Ross, Joseph, M.D., 19 Palatine Road, Withington, 

Manchester. 
Carrick, J. Stewart, 194 St. Vincent Street, Glasgow. 
Chambers, W. & R., 339 High Street, Edinburgh. 
Chiene, Professor, C.B., 26 Charlotte Square, Edinburgh. 
Christie, Thomas Craig, of Bedlay, Chryston, Glasgow. 
Clark, James, Advocate, 10 Drumsheugh Gardens, Edinburgh. 
Clark, J. T., Crear Villa,FerryRoad, Edinburgh,/fo«. Trea*Mrer. 
80 Clarke, Rev. T. E. S., Saltoun Manse, East Lothian. 

Clouston, T. S., M.D., Tipperlinn House, Morningside Place,. 

Edinburgh. 
Constable, Archibald, LL.D., 11 Thistle Street, Edinburgh. 
Cormack, Donald Stewart, Daily Record Office, Edinburgh. 
Cowan, George, 1 Gillsland Road, Edinburgh. 
Cowan, J. J., 38 West Register Street, Edinburgh. 
Cowan, John, W.S., St. Roque, Grange Loan, Edinburgh. 
Cowan, William, 47 Braid Avenue, Edinburgh. 
Craig, William, Town Clerk, County Buildings, Dumbarton. 
Crawford, Donald, K.C., 35 Chester Street, Edinburgh. 
90 Crockett, S. R., Penicuik. 

Crole, Gerard L, Advocate, 1 Royal Circus, Edinburgh. 
Cross, Robert, 13 Moray Place, Edinburgh. 



LIST OF MEMBERS 5 

Cunningham, Captain, Leithen Lodge, Innerleithen. 
Cunningham, George, Advocate, 21 Royal Circus, Edinburgh. 
Curie, Alex. Ormiston, B.A., W.S., 8 S. Learmonth Gardens, 

Edinburgh. 
Curie, James, W.S., Priorwood, Melrose. 
Currie, W. R., Lochiel, Bearsden, Dumbartonshire. 
Cuthbert, Alex. A., 11 Alexandra Place, St. Andrews. 

Dalgleish, John J., Brankston Grange, Bogside Station, 
Stirling. 
100 Dalrymple, Hon. Hew, Lochinch, Castle Kennedy, Wigtown- 
shire. 

Dalton, C, 32 West Cromwell Road, London, S.W. 

Davidson, Hugh, Braedale, Lanark. 

Davidson, J., Solicitor, Kirriemuir. 

Davidson, Rev. Thomas, 8 Rillbank Terrace, Edinburgh. 

Davies, J. Mair, C.A., Shelling, Pollokshields, Glasgow. 

Dickson, Walter S., Advocate, 3 Royal Circus, Edinburgh. 

Dickson, William K., Advocate, 8 Gloucester Place, Edinburgh. 

Dickson, Wm. Traquair, W.S., 1 1 Hill Street, Edinburgh. 

Dixon, John H., Dundarach, Pitlochry. 
110 Doak, Rev. Andrew, M.A., 15 Queen's Road, Aberdeen. 

Dodds, Rev. James, D.D., The Manse, Corstorphine. 

Donaldson, James, LL.D., Principal, St. Andrews University. 

Douglas, David, 10 Castle Street, Edinburgh. 

Dowden, Right Rev. John, D.D., LL.D., Bishop of Edinburgh, 
13 Learmonth Terrace, Edinburgh. 

Duff, T. Gordon, Drummuir, Keith. 

Duncan, John, 8 Lynedoch Place, Edinburgh. 

Dundas, Ralph, C.S., 28 Drumsheugh Gardens, Edinburgh. 

Dunn, Robert Hunter, 4 Crown Terrace, Glasgow, W. 

Easton, Walter, 69 Buchanan Street, Glasgow. 
120 Elliot, George H., 17 Prmces Street, Edinburgh. 

Faulds, a. Wilson, Knockbuckle, Beith, Ayrshire, 
Ferguson, James, K.C., 10 Werayss Place, Edinburgh. 
Ferguson, Rev. John, The Manse, Aberdalgie, Perthshire. 



6 LIST OF MEMBERS 

Ferguson, R. C. Munro, Raith, Kirkcaldy. 

Findlay, John R., 27 Drumsheugh Gardens, Edinburgh. 

Findlay, Rev. Wm., 17 Comiston Drive, Edinburgh. 

Firth, Prof. Charles Harding, LL.D., 2 Northmoor Rd., Oxford. 

Fleming, D. Hay, LL.D., 4 Chamberlain Road, Edinburgh. 

Fleming, J. A., K.C., 33 Melville Street, Edinburgh. 
130 Fleming, Mrs., 12 Beaufort Gardens, London, S.W. 

Flint, Robert, D.D., LL.D., 1 Mountjoy Terrace, Mussel- 
burgh. 

Forbes, The Hon. Mrs. Atholl, Brux Lodge, Alford. 

Forrest, James R. P., 32 Broughton Place, Edinburgh. 

Foulis, T. N., 27 Cluny Gardens, Edinburgh. 

Fraser, Professor A. Campbell, D.C.L., LL.D., Gorton 
House, Hawthornden. 

Fraser, Hugh, Littlesilver, High Bickington, North Devon. 

Gaihdner, C. D., 2 Redlands Road, Kelvinside, Glasgow. 
Galletly, Edwin G., 71 Braid Avenue, Edinburgh. 
Gardner, Alexander, 7 Gilmour Street, Paisley. 
140 Garson, William, W.S., 6"0 Palmerston Place, Edinburgh. 
Gartshore, Miss Murray, Ravelston, Blackball, Edinburgh. 
Geddie, John, \6 Ann Street, Edinburgh. 
Geikie, Sir Archibald, LL.D., 10 Chester Terrace, Regent's 

Park Road, London, N.W. 
Geikie, Prof. J., LL.D., Kilmorie, Colinton Road, Edinburgh. 
Gibson, Andrew, 1 Hamilton Street, Govan. 
Gibson, J. C, c/o James Forbes, 8 Bruce Street, Hillhead, 

Glasgow. 
Gibson, James T., LL.B., W.S., 14 Regent Terrace, Edinburgh. 
Giles, Arthur, 107 Princes Street, Edinburgh. 
Gillespie, Mrs. G. R., 5 Darnaway Street, Edinburgh. 
l.'iO Gilmour, Major, The Inch, Liberton. 

Gladstone, Sir John R., Fasque, Laurencekirk. 

Goudie, Gilbert, F.S.A. Scot., 31 Great King Street, 

Edinburgh. 
Gourlay, Robert, LL.D., 5 Marlborough Terrace, Kelvinside, 

Glasgow. 



LIST OF MEMBERS 7 

Gow, Leonard, Hayston, Kelvinside, Glasgow. 

Graeme, Lieut.-Col. Laurence, Fonthill, Shaldon, Teignmouth, 
Devon. 

Graeme, Lieut.-Col. R. C, Naval and Military Club, 94 Picca- 
dilly, London. 

Grant, Rev. A. C. Thomson, The Red House, Wemyss Castle, 
Fife. 

Grant, Alex., Tranby, Salford Road, Telford Avenue, 
Streatham, London, S.W. 

Grant, Francis J., W.S., 106 Thirlestane Road, Edinburgh. 
l60 Grant, Frank L., 75 Limerston St., Chelsea, London, S.W. 

Grant, J. Macpherson, Old Milton, Kingussie. 

Grant, William G. L., Woodside, East Newport, Fife. 

Gray, George, Clerk of the Peace, Glasgow. 

Green, Charles E., 18 St. Giles Street, Edinburgh. 

Greig, Andrew, 36 Belmont Gardens, Hillhead, Glasgow. 

Guthrie, Charles J., K.C., IS Royal Circus, Edinburgh. 

Guy, Robert, 120 West Regent Street, Glasgow. 

Halkett, Miss Katherine E., 24 Holland St., Campden Hill, 
London, W. . 

Hamilton, Col. the Hon. North Dalrymple, Bargany, Girvan. 
170 Harrison, John, 8 St. Andrew Square, Edinburgh. 

Hayj W. J., John Knox's House, Edinburgh. 

Hedderwick, A. W. H., 79 St. George's Place, Glasgow. 

Henderson, J. G. B., Nether Parkley, Linlithgow. 

Henderson, Joseph, 1 1 Blythswood Square, Glasgow. 

Henry, David, Estherville, St. Andrews, Fife. 

Hewison, Rev. J. King, D.D., The Manse, Rothesay. 

Hill, William H., LL.D., Barlanark, Shettleston, Glasgow. 

Home, The Earl of. The Hirsel. Coldstream. 

Hope, H. W., of Luffness, Aberlady. 
180 Howden, Charles R. A., Advocate, 25 Melville St., Edinburgh. 

Howden, J. M., C.A., 11 Eton Terrace, Edinburgh. 

Hughes-Hunter, Colonel, F.R.S., of PlSs Coch, LlanfairpwU, 
Anglesey. 

Hutcheson, Alexander, Herschel House, Broughty Ferry. 



8 LIST OF MEMBERS 

Hutchison, George A. Clark, 34 Drumsheugh Gardens, Edin. 
Hutton, Rev. W. Holden, The Great House, Burford, Oxford. 

Inglis, John A., Advocate, 2 Rothesay Place, Edinburgh. 

Jameson, J. H., W.S., l6 Coates Crescent, Edinburgh. 
Jamieson, J. Auldjo, W.S., 14 Buckingham Ter., Edinburgh. 
Johnston, D., 14 Netherby Road, Leith. 
190 Johnston, David, 24 Huntly Gardens, Kelvinside, Glasgow. 
Johnston, George Harvey, 22 Garscube Terrace, Edinburgh. 
Johnston, George P., 33 George Street, Edinburgh. 
Johnston, Col., M.D., C.B., of Newton Dee, Murtle, Aberdeen- 
shire. 
Johnstone, David, 24 Dundonald Street, Edinburgh. 
Johnstone, James F. Kellas, 12 Osborne Terr., London, S.W. 

Kemp, D.William, Ivy Lodge, Laverockbank Rd., Trinity, Edin. 
Kincairney, The Hon. Lord, 6 Heriot Row, Edinburgh. 
Kinloch, Miss Marjory G., 32 Drummond Place, Edinburgh. 
Kinnear, The Rt. Hon. Lord, 2 Moray Place, Edinburgh. 
200 Kippen, W. J., Advocate, 7 Walker Street, Edinburgh. 

Kirkpatrick, Prof John, LL.D., Advocate, 21 Succoth Place, 

Murrayfield, Edinburgh. 
Kirkpatrick, Robert, 1 Queen Square, Strathbungo, Glasgow. 

Laidlaw, Lieut.-Col. David, Polmont House, Polmont. 
Lang, James, 9 Crown Gardens, Dowanhill, Glasgow. 
Langwill, Robert B., 7 St. Leonard's Bank, Perth. 
Laurie, S. S., LL.D., 22 George Square, Edinburgh. 
Leadbetter,Thomas Greenshields, Swinton House, Coldstream. 
. Leslie, Colonel, of Kininvie, Dufftown, Banffshire. 
Lindsay, Rev. John, St. John's Manse, Bathgate. 
210 Livingstone, M., 32 Hermitage Gardens, Edinburgh. 
Lodge, Professor, 25 Hope Terrace, Edinburgh. 
Logan, Sir Charles B., LL.D., 12 Rothesay Place, Edinburgh. 
Lorimer, George, Durrisdeer, Gillsland Road, Edinburgh. 
Low, William, Tighnamuir, Monifieth. 
Lowe, W. D., W.S., 15 Lynedoch Place, Edinburgh. 



LIST OF MEMBERS 9 

Macadam, J. H., 37 Shoe Lane, London, E.G. 

M'Bain, J. M., British Linen Bank, Arbroath. 

Macbrayne, David, 17 Royal Exchange Square, Glasgow. 

M'Candlish, Captain P. D., 31 Charlotte Square, Edinburgh. 
220 MacDonald, James, W.S., 4 Whitehouse Terrace, Edinburgh. 

Maedonald, J. R. M., Largie Castle, Tayinloan, Argyllshire. 

MacDonald, Kenneth, Town House, Inverness. 

Maedonald, W. K., Windmill House, Arbroath. 

Maedonald, W. Rae, Neidpath, Wester Coates Avenue, 
Edinburgh. 

Macdougall, Jas. Patten, Advocate, 39 Heriot Row, Edinburgh. 

M'Ewen, W. C, W.S., 9 South Charlotte Street, Edinburgh. 

Macgeorge, B. B., 19 Woodside Crescent, Glasgow. 

Macgregor, Alex. R., Mount Stuart, Isle of Bute. 

MacGregor, John, W.S., 57 Grange Loan, Edinburgh. 
230 MacGregor, Sir Malcolm, Bart., of MacGregor, Edinchip, 
Balquhidder. 

Macintyre, P. M., Advocate, 12 India Street, Edinburgh. 

Mackay, jEneas J. G., K.C., LLD., 7 Albyn Place, Edinburgh. 

Mackay, Eneas, 43 Murray Place, Stirling. 

Mackay, Rev. G. S., M.A., U.F. Church Manse, Doune. 

Mackay, James F., W.S., Whitehouse, Cramond. 

Mackay, James R., 24 Blacket Place, Edinburgh. 

Mackay, Thomas, 14 Wetherby Place, South Kensington, 
London, S.W. 

Mackay, Thomas A., 22 Clarence Street, Edinburgh. 

Mackay, Williarai, Solicitor, Inverness. 
■240 Mackenzie, A. R., 7 Gilmour Street, Paisley. 

Mackenzie, Thomas, 50 Wellington Street, Glasgow. 

Mackenzie, Thomas, M.A., Sheriff-Substitute of Ross, Tain. 

MacKillop, J., junr., Polmont Park, Stirlingshire. 

Mackinlay, James Murray, The Lee, Merchiston, Edinburgh. 

Mackinnon, Professor, ] 5 Corrennie Gardens, Edinburgh. 

Mackintosh, W. F., 107 High Street, Arbroath. 

Maclachlan, John, W.S., 48 Castle Street, Edinburgh. 

Maclagan, Robert Craig, M.D., .5 Coates Crescent, Edinburgh. 

Maclauchlan, John, Albert Institute, Dundee. 



10 LIST OF MEMBERS 

250 MacLehose, James J., 61 St. Vincent Street, Glasgow. 

MacLeod, Rev. Walter, 112 Thirlestane Road, Edinburgh. 

Macraath, William, l6 St. Andrew Square, Edinburgh. 

Macmillan, Malcolm, 74 Haymarket Terrace, Edinburgh. 

Macphail, J. R. N., Advocate, 87 Great King St., Edinburgh. 

Macray, Rev. W. D., Bodleian Library, Oxford. 

Main, W. D., 69 Renfield Street, Glasgow. 

Mar and Kellie, Earl of, Alloa. 

Marshall, John, Caldergrove, Newton, Lanarkshire. 

Martin, Francis John, W.S., 17 Rothesay Place, Edinburgh. 
260 Marwick, Sir J. D., LL.D., 19 Woodside Terrace, Glasgow. 

Masson, David, LL.D., 2 Lockharton Gardens, Edinburgh. 

Maxwell, W. J. H., M.P., Munches, Dalbeattie. 

Melles, J. W., Gruline, Aros, Isle of Mull. 

Melville, Rev. Dr., Earnbank, Comrie, Perthshire. 

Menzies, John R., S Grosvenor Crescent, Edinburgh. 

Methuen, Miss, 6 Stirling Road, Trinity. 

Mill, Alex., 9 Dalhousie Terrace, Edinburgh. 

Millar, Alexander H., Rosslyn House, Clepington Rd., Dundee. 

Miller, John C, 70 Union Street, Glasgow. 
270 Miller,Rev.W.,C.I.E.,D.D.,LL.D.,BurgoPark, Bridge of Allan.. 

Milne, A. & R., Union Street, Aberdeen. 

Minto, The Earl of, Minto House, Hawick. 

Mitchell, Sir Arthur, K.C.B., M.D., LL.D., 34 Drummond 
Place, Edinburgh. 

Mitchell, James, 222 Darnley Street, Pollokshields, Glasgow. 

MofFatt, Alexander, 23 Abercromby Place, Edinburgh. 

Moffatt, Sheriff, Falkirk. 

Moncrieff, Lieut.-Colonel G. Kenneth Scott, CLE. (Royal 
Engineers), Newhalls, The Scores, St. Andrews. 

Moncrieff, Sheriff W. G. Scott, Lanark. 

Morries-Stirling, J. M., Gogar House, Stirling. 
280 Morrison, Hew, LL.D., Torrisdale, Corrennie Gardens,. 
Edinburgh. 

Muirhead, James, 2 Bowmont Gardens, Kelvinside, Glasgow.. 

Munro, H. T., Drum Leys, Kirriemuir. 

Murdoch, Rev. A. D., All Saints' Parsonage, Edinburgh. 



LIST OF MEMBERS 11 

Murray, David, LL.D., 169 West George Street, Glasgow. 
Murray, William, of Murray thwaite. Advocate, Ecclefeehan. 

NicoLsoN, A. B., W.S., Glenbervie House, Fordoun. 
Norfor, Robert T., C.A., 35 Lauder Road, Edinburgh. 

Ogilvy, Henry T. N. Hamilton, of Belliaveu and Dirleton, 

Biel, East Lothian. 
Ogilvy, Sir Reginald H. A., Bart., of Inverquharty, Bal- 

dovan, Dundee. 
290 Oliver, James, Thornwood, Hawick. 

Orrock, Archibald, 17 St. Catherine's Place, Edinburgh. 

Paton, Henry, M.A., 120 Polwarth Terrace, Edinburgh. 
Paton, Victor A. Noel, W.S., 11 N. Learmonth Gardens, 

Edinburgh. 
Patrick, David, LL.D., 339 High Street, Edinburgh. 
Patrick, N. J. Kennedy Cochran, Advocate, 34 Heriot Row, 

Edinburgh. 
Paul, G. M., D.K.S., 9 Eglinton Crescent, Edinburgh. 
Paul, Sir James Balfour, Advocate, Lyon King of Arms, 30 

Heriot Row, Edinburgh. 
Paul, Rev. Robert, F.S.A. Scot., Dollar. 
Paulin, David, 6 Forres Street, Edinburgh. 
300 Penney, Scott MoncriefF, Advocate, 5 Heriot Row, Edinburgh. 
Pentland, Young J., 8 Bruntsfield Terrace, Edinburgh. 
Pickering, R. Y., Conheath, Dumfries. 
Pillans, Hugh H., 12 Dryden Place, Edinburgh. 
Porter, Rev. William Henry, Manse of Cults, Pitlessie, Fife. 
Prentice, A. R., Newark Lodge, 28 Newark Street, Greenock. 
PuUar, Sir Robert, Tayside, Perth. 

Rait, Robert S., New College, Oxford. 
Ramsay, Mrs., Kildalton, Islay. 
Ramsay, William, 32 Frederick Street, Edinburgh. 
310 Rankin, W. B., W.S., 9 Lansdowne Crescent, Edinburgh. 

Rankin e. Prof. John, K.C., LL.D., 23 Ainslie Place, Edinburgh. 
Reichel, H. R., Principal, Univ. Coll., Bangor, North Wales. 



12 LIST OF MEMBERS 

Reid, John Alexander, Advocate, 1 1 Royal Circus, Edinburgh. 
Renwick, Robert, Depute Town-Clerk, City Chambers, Glasgow. 
Richard, John M. M., 20 Grosvenor Crescent, Edinburgh, 
Richardson, Ralph, W.S., Commissary Office, 2 Parliament 

Square, Edinburgh. 
Ritchie, David, Hopeville, Dowanhill Gardens, Glasgow. 
Roberton, James D., 1 Park Terrace East, Glasgow. 
Robertson, A. Ireland, Brae Park, Cramond Bridge, Mid- 
lothian. 
320 Robertson, John, Elmslea, Dundee. 

Robson, William, Marchholm, Gillsland Road, Edinburgh. 
Romanes, Charles S., C.A., 3 Abbotsford Crescent, Edinburgh. 
Rosebery, The Earl of, K.G., Dalmeny Park, Linlithgowshire. 

Sanderson, Kenneth, W.S., 5 Abercromby Place, Edinburgh. 

Scott, Rev. Archibald, D.D., l6 Rothesay Place, Edinburgh. 

Scott, Miss Jean Macfarlane, 7 Murton Street, Sunderland. 

Scott, Rev. Robert, Craig Manse, Montrose. 

Shaw, David, W.S., 1 Thistle Court, Edinburgh. 

Shaw, Thomas, M.P., K.C., 17 Abercromby Place, Edin- 
burgh. 
330 Sheriflf", George, c/o Hugh Hopkins, 17 W. Regent Street, 
Glasgow. 

Shiells, Robert, National Bank of Neenah, Neenah, Wisconsin. 

Sime, David, 27 Dundas Street, Edinburgh. 

Simpson, Prof. A. R., 52 Queen Street, Edinburgh. 

Simson, D. J., Advocate, 3 Glenfinlas Street, Edinburgh. 

Sinclair, ex-Bailie Alexander, Ajmere Lodge, Langside, 
Glasgow. 

Smail, Adam, 13 Cornwall Street, Edinburgh. 

Smart, Prof. William, LL.D., Nunholm, Dowanhill, Glasgow. 

Smith, Mrs., Broompark, Lanark. 

Smith, John Lamb, S.S.C., 58 Polwarth Terrace, Edinburgh. 
340 Smith, G. Gregory, M.A., l6 Murrayfield Avenue, Edinburgh. 

Smith, J. K., 4 East Hermitage Place, Leith. 

Smith, Rev. R. Nimmo, LL.D., Manse of the First Charge 
Haddington. 



LIST OF MEMBERS 13 

Smith, Robert, 9 Ward Road, Dundee. 
Smythe, Col. David M., Methven Castle, Perth. 
Sorley, William, Viewfield House, Partick, N.B. 
Sprott, Rev. George W., D.D., North Berwick. 
Steuart, A. Francis, Advocate, 79 Gt. King St., Edinburgh. 
Stevenson, J. H., Advocate, 9 Oxford Terrace, Edinburgh. 
Stevenson, Rev. Robert, M.A., The Abbey, Dunfermline. 
350 Stewart, Major-General Shaw-, 7 Inverness Ter., London, W. 
Stewart, R. K., Murdostoun Castle, Newmains, Lanarkshire. 
Stewart, Miss Grainger, 1 5 Royal Circus, Edinburgh. 
Strathallan, Lady, Machany House, Perthshire. 
Strathcona and Mount Royal, Lord, Invercoe, Argyllshire. 
Strathern, Robert, W.S., 12 South Charlotte St., Edinburgh. 
Sturrock, James S., W.S., 21 Rutland Street, Edinburgh. 
Sturrock, Rev. J., 12 Argyle Place, Edinburgh. 
Sutherland, James B., S.S.C., 10 Royal Terrace, Edinburgh. 
Swinton, A. C. Campbell, Kimmerghame, Duns, Berwick- 
shire. 



360 Taylor, Benjamin, 10 Derby Crescent, Kelvinside, Glasgow. 

Taylor, James Pringle, W.S., 19 Young Street, Edinburgh. 

Taylor, Rev. Malcolm C, D.D., Professor of Church History, 
6 Greenhill Park, Edinburgh. 

Telford, Rev. W. H., Reston, Berwickshire. 

Tennant, Sir Charles, Bart., The Glen, Innerleithen. 

Terry, Professor C. Sanford, Sirhowy, Cults, Aberdeenshire. 

Thin, George, 7 Mayfield Terrace, Edinburgh. 

Thomson, John Maitland, LL.D., Advocate, 3 Grosvenor 
Gardens, Edinburgh. 

Thomson, T. S., 9 Manor Place, Edinburgh. 

Thomson, Col., St. James's Club, Piccadilly, London, S.W. 
370 Tod, Henry, W.S., 47 Manor Place, Edinburgh. 

Trail, John A., LL.D., W.S., 14 Belgrave Place, Edinburgh. 

Trayner, The Hon. Lord, LL.D., 27 Moray Place, Edinburgh. 

Tuke, Sir John Batty, M.D., M.P., 20 Charlotte Square, Edin- 
burgh. 



14 LIST OF MEMBERS 

TuUoch, Major-General Sir Alexander B., K.C.B., 24 Brechin 

Place, London, S.W. 
Tweedale, Mrs., Balquholly, Turriff. 
Tweeddale, The Marquis of, Yester, Gifford, Haddington. 

Underbill, Charles E., M.D., 8 Coates Crescent, Edinburgh. 

Veitch, G. Seton, Friarshall, Paisley. 

Walker, Louson, Westhorpe, Greenock. 
380 Walker, Robert, M.A., Tillydrone House, Old Aberdeen. 

Warrender, Miss, 50 Wilton Crescent, London. 

Waterston, George, 10 Claremont Crescent, Edinburgh. 

Watson, R. W. Seton, Ayton, Abemethy. 

Watson, The Hon. William, B.A., LL.B., 31 Abercromby 
Place, Edinburgh. 

Waugh, Alexander, National Bank, Newton-Stewart, N.B. 

Whamond, David, Edinburgh. 

Williamson, Charles, 4 Bayview Road, Aberdeen. 

Wilson, Very Rev. Dean, 17 Atholl Crescent, Edinburgh. 

Wilson, Robert Dobie, 38 Upper Brook Street, London, W. 
390 Wilson, W. B., W.S., 46 Palmerston Place, Edinburgh. 

Wilson, William James, 32 Berkeley Terrace, Glasgow, W. 

Wood, Alexander, Thornly, Saltcoats. 

Wood, Miss, Woodburn, Galashiels. 

Wood, J. P., LL.D., W.S., 16 Buckingham Terrace, Edinburgh. 

Wood, W. A., C.A., 11 Clarendon Crescent, Edinburgh. 

Wordie, John, 75 West Nile Street, Glasgow. 

Young, A. J., Advocate, 60 Great King Street, Edinburgh. 
Young, James A., Wallace Bank, Paisley. 
Young, William Laurence, Solicitor, Auchterarder. 
400 Yule, Miss Amy Frances, F.S.A. Scot., Tarradale, Ross-shire. 



LIST OF LIBRARIES 

Aberdeen Free Public Library. 
Aberdeen University Library. 
All Souls College, Oxford. 
Antiquaries, Society of, Edinburgh. 
Athenaeum, The, London, S.W. 
Baillie's Institution Free Library, Glasgow. 
Belfast Library, Donegall Square North, Belfast, Ireland. 
Berlin Royal Library. 
Birmingham Free Library. 
10 Bodleian Library, Oxford. 
Boston Athenaeum, Mass. 
Boston Public Library, Mass. 
Buffalo Public Library. 
California University Library. 
Cambridge University Library. 
Cardiff Free Public Library. 
Carnegie Public Library, Ayr. 
Chicago University Library. 
Church of Scotland Library, Edinburgh. 
20 Congress, Libraiy of, Washington. 

Copenhagen (Bibliothfeque Royale). 
Cornell University, Ithaca, Michigan. 

Dollar Institution. 

Dresden Public Library. 

Dundee Free Library. 

Edinburgh Public Library. 

Edinburgh University Library. 

Gladstone Memorial Library, Scottish Liberal Club. 

Glasgow University Library. 
30 Gray's Inn, Hon. Society of, London. 

Halifax Public Library. 

Harvard College Library, Cambridge, Mass. 

Inverness Free Library. 

John Rylands Library, The, Manchester. 

Kilmarnock Public Library. 

Leeds Library. 

Liverpool Public Library. 

London Corporation Library, Guildhall. 

London Library, St. James Square. 
40 Manchester Public Free Library. 



16 LIST OF LIBRARIES 

Mitchell Library, Glasgow. 

Montrose Public Library. 

Nairn Literary Institute. 

National Liberal Club, London. 

National Library of Ireland. 

Netherlands Royal Library. 

Newcastle-upon-Tyne Public Library 

New College Settlement, 48 Pleasance, Edinburgh 

New South Wales Public Library, Sydney. 
50 New York Public Library. 

New York State Library. 

Nottingham Free Public Library. 

Ottawa Parliamentai-y Library. 

Paisley Philosophical Institution. 

Peabody Institute, Baltimore. 

Pennsylvania Historical Society. 

Philosophical Institution, Edinburgh. 

Procurators, Faculty of, Glasgow. 

Protestant Institute of Scotland. 
60 Public Record Office. 

Reform Club, Pall Mall, London, S.W. 

Royal College of Physicians, Edinburgh. 

Royal Institution, London, W. 

Royal Library, Stockholm. 

Sandeman Public Library, Perth. 

St. Andrews University Library. 

Sheffield Free Public Library. 

Signet Library, Edinburgh. 

Solicitors before the Supreme Court, Society of, Edinburgh. 
70 Speculative Society, Edinburgh. 

Stonyhurst College, Blackburn, Lancashire. 

Stornoway Public Library. 

Toronto Public Library. 

United Free Church College Library, Glasgow. 

Victoria Public Library, Melbourne. 

Vienna, Library of the R. I. University. 

Westminster College Library, Cambridge. 

Wigan Free Public Library. 

Wisconsin State Historical Society. 
80 Worcester (Mass.) Free Public Library. 

Yale University Library. 



^cottist) i^i0tor|> ^ocietp. 



THE EXECUTIVE. 

1904-1906. 

President. 
The Earl of Rosebery, K.G., K.T., LL.D. 

Chairman of Coundl. 
David Masson, LL.D., Historiographer Royal for Scotland. 

Council. 

Rev. Alexander D. Murdoch. 

Sir Arthur Mitchell^ K.C.B., M.D., LL.D. 

A. Francis Steuart, Advocate. 

Sir Thomas Gibson CarmichaeLj Bart. 

John Rankine, K.C, LL.D.^ Professor of Scots Law in the 

University of Edinburgh. 
Sir James Balfour Paul, Lyon King of Arms. 
The Rev. Robert Flint, D.D. 
P. Hume Brown, M.A., LL.D., Professor of Ancient History 

and Palaeography in the University of Edinburgh. 
Right Rev. John Dowden, D.D., Bishop of Edinburgh. 
Charles J. Guthrie, K.C. 
John A. Trail, LL.D., W.S. 
J. Maitland Thomson, Advocate, Keeper of the Historical 

Department, H.M. Register House. 

Corresponding Members of the Council. 

Prof. C. H. Firth, LL.D., Oxford; Rev. W. D. Macray, Oxford; 
Prof. C. Sanford Terry, Aberdeen. 

Hon. Treasurer. 
J. T. Clark, Keeper of the Advocates' Library. 

Int. Hon. Secretary. 
J. T. Clark, Keeper of the Advocates' Library. 



RULES 

1. The object of the Society is the discovery and printing, 
under selected editorship, of unpublished documents illus- 
trative of the civil, religious, and social history of Scotland. 
The Society will also undertake, in exceptional cases, to issue 
translations of printed works of a similar nature, wliicii have 
not hitherto been accessible in English. 

2. Tiie number of Members of the Society shall be limited 
to 400. 

3. The affaii-s of the Society shall be managed by a Council, 
consisting of a Chairman, Treasurer, Secretary, and twelve 
elected Members, five to make a quorum. Three of the twelve 
elected Members shall retire annually by ballot, but they shall 
be eligible for re-election. 

4. The Annual Subscription to the Society shall be One 
Guinea. The publications of the Society shall not be delivered 
to any Member whose Subscription is in arrear, and no 
Member shall be permitted to receive more than one copy of 
the Society's publications. 

5. The Society will undertake the issue of its own publica- 
tions, i.e. without the intervention of a publisher or any other 
paid agent. 

6. The Society will issue yearly two octavo volumes of about 
320 pages each. 

7. An Annual General Meeting of the Society shall be held 
at the end of October, or at an approximate date to be 
determined by the Council. 

8. Two stated Meetings of the Council shall be held each 
year, one on the last Tuesday of May, the other on tlie Tues- 
day preceding the day upon which the Annua] General Meeting 
shall be held. The Secretary, on the request of three Members 
of the Council, shall call a special meeting of the Council. 

9. Editors shall receive 20 copies of each volume they edit 
for the Society. 

10. The owners of Manuscripts published by the Society will 
also be presented with a certain number of copies. 

11. The Annual Balance-Sheet, Rules, and List of Members 
shall be printed. 

12. No alteration shall be made in these Rules except at a 
General Meeting of the Society. A fortnight's notice of any 
alteration to be proposed sliall be given to the Members of the 
Council, 



PUBLICATIONS 

OF THE 

SCOTTISH HISTORY SOCIETY 

For the 2/ear 1886-1881. 

1. Bishop Pococke's Tours in Scotland, 1747-1 760. Edited by 
D. W. Kemp. 

2. Diary and Account Book of William Cunningham ok Craig- 
ENDS, 1673-1680. Edited by the Rev. James Dodds, D.D. 

Fo7- the year 1887-1888. 

3. Grameidos libri sex : an heroic poem on the Campaign of 

1689, by James Philip of Almerieclose. Translated and 
Edited by the Rev. A. D. Murdoch. 

4. The Register of the Kirk-Session of St. Andrews. Part i. 

1559-1582. Edited by D. Hay Fleming. 

For the year 1888-1889. 

5. Diary of the Rev. John Mill, Minister in Shetland, 1740- 

1803. Edited by Gilbert Goudie. 

6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709. 
Edited by W. G. Scott-Moncrieff. 

7. The Register of tiie Kirk-Session of St. Andrews. Part ii. 

1583-1600. Edited by D. Hay Fleming. 

Fm- the year 1889-1890. 

8. A List of Persons concerned in the Rebellion (1745). With 

a Preface by the Earl of Rosebery. 

Presented to the Society by the Earl of Rosebery. 

9. Glamis Papers : The ' Book of Record,' a Diary written by 
Patrick, first Earl of Strathmore, and other documents 
(1684-89). Edited by A. H. Millar. 

10. John Major's History of Greater Britain (1521). Trans- 
lated and edited by Archibald Constable. 



4 PUBLICATIONS 

For the year 1890-1891. 

11. The Records of the Commissions of the General Assemblies, 

l646-4i7. Edited by the Rev. Professor Mitchell, D.D., and 
the Rev. James Christie, D.D. 

12. Court-Book of the Barony of Urie, 1604-1747. Edited 

by the Rev. D. G. Barron. 

For the year 1891-1892. 

13. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex- 
tracted by himself from his own Journals, 1676-1755. Edited 
by John M. Gray. 

14. Diary of Col. the Hon. John Erskine of Carnock, 1683- 

1687. Edited by the Rev. Walter Macleod. 

For the year 1892-1893. 

15. Miscellany of the Scottish History Society, First Volume — 
The Library op Jambs vi., 1673-83. Edited by G. F. Warner. — 

Documents illustrating Catholic Policy, 1596-98. T. G. Law. 
— Letters op Sir Thomas Hope, 1627-46. Rev. R. Paul. — Civil 
War Papers, 1643-50. H. F. Morland Simpson. — Lauderdale 
Correspondence, 1660-77. Right Rev. John Dowden, D.D. — 
Turnbull's Diary, 1657-1704. Rev. R. Paul. — Mastbhton 
Papers, 1660-1719. V. A. Noel Paton. — Aocompt op Expenses 
IN Edinburgh, 1716. A. H. Millar. — Rebellion Papers, 1716 
and 1745. H. Paton. 

16. Account Book of Sir John Foulis of Ravelston (1671-1707). 
Edited by the Rev. A. W. Cornelius Hallen. 

F(yr the year 1893-1894. 

17. Letters and Papers illustrating the Relations between 

Charles ii. and Scotland in l650. Edited by Samuel 
Rawson Gardiner, D.C.L., etc. 

18. Scotland and the Commonwealth. Letters and Papers 

relating to the Military Government of Scotland, Aug. 
1651— Dec. 1653. Edited by C. H. Firth, M.A. 

For the year 1894-1895. 

19. The Jacobite Attempt of 1719- Letters of James, second 

Duke of Ormonde. Edited by W. K. Dickson. 

20. 21. The Lyon in Mourning, or a Collection of Speeches, 

Letters, Journals, etc., relative to the Affairs of Prince 
Charles Edward Stuart, by Bishop Forbes. 1746-1775. 
Edited by Henry Paton. Vols. i. and 11. 



PUBLICATIONS 5 

For the year 1895-1896. 

22. The Lyon in Mourning. Vol. iii. 

23. Itinerary of Prince Charles Edward (Supplement to the 

Lyon in Mourning). Compiled by W. B. Blaikie. 

24. Extracts prom the Presbytery Records of Inverness and 

Dingwall from 1638 to i688. Edited by William Mackay. 

25. Records of the Commissions of the General Assemblies 
{continued) for the years 1648 and 1649. Edited by the Rev. 
Professor Mitchell, D.D., and Rev. James Christie, D.D. 

For the year 1896-1897. 

26. Wariston's Diary and other Papers — 

Johnston op Wariston's Diary, 1639. Edited by G. M. Paul. — 
The Honours op Scotland, 1651-62. C. R. A. Howden. — The 
Earl of Mar's Legacies, 1722, 1726. Hon. S. Erskine. — Letters 
BY Mrs. Grant op Laqgan. J. K. N. Macphail. 

Presented to the Society by Messrs. T. and A. Constable. 

27. Memorials of John Murray of Broughton, 1740-1747. 

Edited by R. Fitzroy Bell. 

28. The Compt Buik of David Wedderburne, Merchant of 

Dundee, 1587-1630. Edited by A. H. Millar. 

For the year 1897-1898. 

29. 30. The Correspondence of De Montereul and the brothers 

De BcLLiiiVRE, French Ambassadors in England and Scot- 
land, 1645-1648. Edited, with Translation, by J. G. 
Fotheringham. 2 vols. 

For the year 1898-1899. 

31. Scotland and the Protectorate. Letters and Papers 

relating to the Military Government of Scotland, from 
January 1654 to June 1659. Edited by C. H. Firth, M.A. 

32. Papers illustrating the History of the Scots Brigade in 
the Service of the United Netherlands, 1572-1782. 
Edited by James Ferguson, Vol. i. 1572-1697- 

33. 34. Macfarlane's Genealogical Collections concerning 
Families in Scotland; Manuscripts in the Advocates' Library. 
2 vols. Edited by J. T. Clark, Keeper of the Library. 

Presented to the Society by the Trustees of the late Sir William Fraser, K.C.B. 



6 PUBLICATIONS 

For the 1/ear 1899-1900. 

35. Papers on the Scots Brigade in Holland, 1572-1782. 
Edited by James Ferguson. Vol. ii. 1698-1782. (Nov. 1899-) 

36. Journal op a Foreign Tour in 166'5 and 1666, and Portions of 

OTHER Journals, by Sir John Lauder, Lord Fountainhall. 
Edited by Donald Crawford. (May 1900.) 

37. Papal Negotiations with Mary Queen of Scots during her 
Reign in Scotland. Chiefly from the Vatican Archives. 
Edited by the Rev. J. Hungerford Pollen, S.J. (Nov. 1901.) 

For the year 1900-1901. 

38. Papers on the Scots Brigade in Holland, 1572-1782 
Edited by James Ferguson. Vol. iii. 1. Rotterdam Papers : 
2. The Remembrance, a Metrical Account of the War in 
Flanders, 1701-12, by John Scot, Soldier. (July 1901.) 

39. I'he Diary of Andrew Hay of Craignethan, 16'59-60. 
Edited by A. G. Reid, F.S.A.Scot. (Nov. I9OI.) 

For the yearl901-1902. 

40. Negotiations for the Union of England and Scotland in 

1651-53. Edited by C. Sanford Terry. (March 1902.) 

41. The Loyall Dissuasive. Memorial to the Laird of Cluny in 

Badenoch. Written in 1703, by Sir vEneas Macpherson. 
Edited by the Rev. A. D. Murdoch. (July 1902.) 

For the year 1902-1903. 

42. The Chartulary of Lindores, 1195-1479- Edited from the 

original MS. at Caprington Castle, Kilmarnock, by the Right 
Rev. John Dowden, D.D., Bishop of Edinburgh. (July 1903.) 

43. A Letter from Mary Queen op Scots to the Duke of Guise, 

Jan. 1562. Reproduced in Facsimile from the Original MS. in 
the possession of the late John Scott, of Halkshill, Esq., C.B. 
Edited, with historical Introduction and Appendix of original 
illustrative Documents, by the Rev. J. Hungerford Pollen, 
S.J. (Jan. 1904.) 

Presented to the Society by the family of the late Mr. Scott, of Hallcshilf. 



PUBLICATIONS 7 

44. Miscellany of the Scottish History Society, Second Volume — 

The Scottish King's Household, 14th Century. Edited by Mary 
Bateson. — The Scottish Nation in the University of Orleans, 
1336-1538. John Kirkpatrick, LL.D. — The French Garrison 
AT Dunbar, 1663. Roberts. Rait. — De Antiquitate Religionis 
APUD ScoTos, 1594. Henry D. G. Law. — Apology for William 
Maitland of Lethington, 1610. Andrew Langf. — Letters op 
Bishop George Gr^me, 1602-38. L. G. Graeme. — A Scottish 
JouRNiB, 1641. C. H. Firth. — Narratives illustrating the Duke 
OP Hamilton's Expedition to England, 1648. C. H. Firth. — 
Burnet-Leighton Papers, 1648-168-. H. C. Foxcroft. — Papers 
of Robert Erskine, Physician to Peter the Great, 1677-1720. 
Rev. Robert Paul. — Will of the Duchess of Albany, 1789. 
A. Francis Steuart. (Feb. 1904.) 

45. Letters of John Cockburn of Ormistoun to his Gardener, 

1727-1743. Edited by James Colville, D.Sc. (March 1904.) 

For the year 1903-1904. 

46. Minute Book of the Managers of the New Mills Cloth 
Manufactory, I68I-I69O. Edited by W. R. Scott^ Lecturer 
on Political Economy in St. AndrevifS University. (Jan. 1905.) 

47. Chronicles of the Erasers ; being the Wardlavs^ IVranuscript 

entitled ' Polichronicon seu Policratica Temporum, or, the 
true Genealogy of the Erasers.' By Master James Eraser. 
Edited, from the original MS. in possession of the Trustees of 
the late Sir Wm. Augustus Eraser, Bart., by William Mackay, 
Inverness. (Eeb. 1905.) 

48. The Records of the Proceedings of the Justiciary Court 

FROM 1661 to 1678. Vol. I. 1661-1669. Edited, from the 
MS. in possession of Mr. John W. Weston, by Sheriff Scott- 
MoNCRiEFF. (July 1905.) 

For the year 1904-1905. 

49. The Records of the Proceedings of the Justiciary Court 

FROM 1661 to 1678. Vol. n. l669-l678. Edited, from the 
MS. in possession of Mr. John W. Weston, by Sheriff Scott- 
Moncrieff. (Oct. 190s.) 

50. Records of the Baron Court of Stitchill, 1655-1807. Tran- 
scribed from the original in Stitchill House, Roxburghshire, 
by the late Rev. George Gunn, Minister of Stitchill. Edited 
by Clement B. Gunn, M.D., Peebles. (Oct. 1,905.) 

51. Macfarlane's Topographical Collections. Vol. i. Edited, 
from the MS. in the Advocates' Library, by Sir Arthur 
Mitchell, K.C.B. 



8 PUBLICATIONS 

In preparation. 

Macfahlane's Topographical Collections. Vol. ii. 

Statuta Ecclesi^ Scotican^, 1225-1556. 2 Vols. Edited, with 
Translation and Notes, by David Patrick, LL.D. 

The House Books of Accompts, Ochtertyre, 1 737-39- Edited, 
from the original MS., in possession of Sir Patrick Keith 
Murray, by James Colville, D.Sc. 

Sir Thomas Craig's De Unione Reonorum Britanni^e. Edited, 
with an English Translation, by David Masson, LL.D. 

Records relating to the Scottish Armies from 1638 to i650. 
Edited by C. Sanford Terry. 

The Charters of the Abbey of Inchaffray. Edited by W. A. 
Lindsay, K.C, and the Right Rev. Bishop Dowden, D.D. 

Analytical Catalogue of the Wodrow Collection of Manu- 
scripts in the Advocates' Library. Edited by the Keeper 
of the Library. 

Charters and Documents relating to the Grey Friars and 
the Cistercian Nunnery of Haddington. — Register of the 
Monastery of Inchcolm. Edited by J. G. Wallace- 
James, M.B. 

Records of the Commissions of the General Assemblies {coh- 
tinued), for the years 1650-53. Edited by the Rev. James 
Christie, D.D. 

Register of the Consultations of the Ministers of Edinburgh, 

AND some other BRETHREN OF THE MiNISTRY SINCE THE 
interruption OF THE ASSEMBLY 1653, WITH OTHER PaPERS OF 
PUBLIC CONCERNMENT, l653-l660. 

Papers relating to the Rebellions of 1715 and 1745, with other 

documents from the Municipal Archives of the City of Perth. 
A Selection of the Forfeited Estates Papers preserved in 

H.M. General Register House and elsewhere. Edited by 

A. H. Millar. 
A Translation of the Historia Abbatum de Kynlos of 

Ferrerius, together with some inedited Letters of the 

Author. By Archibald Constable, LL.D. 
Rentale Sancti Andrew. The Household Book of Cardinal 

Beaton, 1539-1545. Edited, from the MS. in the Advocates' 

Library, by D. Hay Fleming, LL.D,